Question about getting sued for using same domain

11 years ago

Originally Posted by paperchaser89

Now the question is will i run into any problems by doing this?

Short of using a (possibly cracked) crystal ball, it really depends if: a) the party
in question can demonstrate trademark rights, and b) if your site shows hints of
commercial use (even ads) that might cause readers to associate you with the
one in question. IANAL, of course, but...you asked for feedback.

Oh, and some people may say you won't have problems, worst case scenario is
getting a cease and desist letter, others are seemingly getting away with it, etc
etc. If only they know how things happen in the real world, which may or may
not happen to you depending on things only a licensed and experienced attorney
can really tell you.

Unless you somehow get permission from that company (in writing), coupled with
their being (hopefully) not too aggressive, you may get into trouble. Your call.

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David

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hayfj2

11 years ago

Are you in the same country?

Have you signed any agreement with them prohibting you from doing so?

Will you be signing any such agreement, if I were you Id point out that the domain is free, and would it be ok if you purchase it.

If they dont have a trademark in the country where u are, and u register the domain...things could get "frosty" between you.

Hope that helps.

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Alexa Smith

Banned 11 years ago

Originally Posted by paperchaser89

Now the question is will i run into any problems by doing this?

Nobody here can possibly answer that question for you, and it would be extremely unwise to reply on the impressions of anyone who tries to.

You might be better off if the names/words aren't trademarked (anywhere) than if they are?

This post from yesterday might help you: http://www.warriorforum.com/main-int...ml#post7329793

And this thread, ought to, also: http://www.warriorforum.com/main-int...al-advice.html

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Mr. Ken Russell

11 years ago

Originally Posted by Alexa Smith

Nobody here can possibly answer that question for you, and it would be extremely unwise to reply on the impressions of anyone who tries to.

You might be better off if the names/words aren't trademarked (anywhere) than if they are?

This post from yesterday might help you: http://www.warriorforum.com/main-int...ml#post7329793

And this thread, ought to, also: http://www.warriorforum.com/main-int...al-advice.html

Wow.. you're like a personal search engine.

In regards to your post OP, you should contact the company and see if they would allow it.

In some cases, most product owners/companies wouldn't mind as long as it's their stuff you're advertising.

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Weblover50

11 years ago

You registered the companyname.org expecting to have a review of companyname and earn income from companyname by using their affiliate program. Most comanies will not allow that and they make it clear that affiliates can't use companyname in domain name, ppc keywords etc. So you are likely to run into problems with that idea.

Even if you want to use the domain name to promote a competitor, companyname many not like it and they might take legal action.

Overall, there is a god chance of issues coming up in the future and you will not have any defense in such situations. Better do not waste your time knowing that the end result could be taken away from you one day.

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paperchaser89

11 years ago

Thanks for all the information, i guess i will be running into some problems, maybe i guess my best bet is try to flip the domain.

Thanks
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aprilm 11 years ago

My mom is a home based travel agent, and she did this with some cruise ship names. She was getting a ton of business out of it because people were typing the ship name dot com right into their browsers and arriving at her site and booking through her. Her luck ran out though when she started receiving letters from cruise company lawyers asking her to surrender over the domain names. She ended up negotiating with them and trading domain names for free cruises.....we ended up taking a free cruise to the Caribbean in the presidential suite of a Carnival cruise ship (an entire floor of a Carnival cruise ship was our rooms...it was totally awesome)

BUT.... That being said, they could have just decided to sue the pants off her. I would not advise you do this. It's not a stable business model and could get you into trouble.
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- unclejoe 11 years ago
  
  If this is an affiliate offer of theirs then you are wasting your time because they will see the domain the traffic came from and not pay you commissions for using their name.
  
  If you had an affiliate system would you want the affiliates to steal your free traffic?
  
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Newbiemarketer76

11 years ago

Why can't you just sell it to them for a reasonable high amount. it might be worth their time instead of payin g legal fees which will not get them anywhere.

I thought years ago this was the same sort of issue with random people buying domains like michael jordan.com and such as the homeboy athletes were to stupid to know how the internet worked and thought they were entitled to their name.

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davezan

11 years ago

Originally Posted by Newbiemarketer76

Why can't you just sell it to them for a reasonable high amount. it might be worth their time instead of payin g legal fees which will not get them anywhere.

I thought years ago this was the same sort of issue with random people buying domains like michael jordan.com and such as the homeboy athletes were to stupid to know how the internet worked and thought they were entitled to their name.

Uhurm, like I was saying...

One thing I forgot to add is that some companies seemingly and crazily spent a
lot of money, without possibly recouping their costs, just to get the domain-TM
namesake. Some may do what you suggested, while others....well....they might
afford to fight for the principle of it. (namely Microsoft...)

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David

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Vimal Gobin

11 years ago

I am not qualified enough to answer this question without the possibility of getting you sued with my advice. Just posting here to let you know that not many people would admit that.