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Sued by PS?

by Louis Raven
11 replies
I'm in the computer games niche and one of my sites is tstarting to get some real traffic.

The site in question has PS3 (play station 3) in the URL, can I get in trouble for this?

Of course I understand not to take legal advice on a forum but I was wondering what your views on this is as I'm not actually stating "SONY PLAY STATION" in the URL, only PS3.

I know of Xbox niche sites that have operated successfully for years but I'd be a fool to expect the same for me right.

Louis
#sued
  • Profile picture of the author Asher
    Hi Louis,

    I don't see exactly why you will get in trouble for it. Sites like PSPblender have been around for a while and it's using the PSP words exactly. And for PS3? I did a search and there are already sites named PS3Mob, PS3Korea, PS3News... so I don't think you'll get in big trouble for it.

    Of course, make sure you have a disclaimer and privacy for your page. It'll save your butt from being barbequed. Do more research though!

    Asher
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    • Profile picture of the author TOPGUN08
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        • Profile picture of the author sparrow
          As always check with a lawyer, this issue has been discussed so many times and the stories are always amazing what people go through with what is perceived and what is law.

          Otherwise if its in question especially a big name as such don't even go there it will save you alot of grief.

          Ed
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        • Profile picture of the author Asher
          I'm sure that it's definitely trademarked. It's for sure - but people still do use them. I think the issue is you can't just go own a domain name like PS3.com, PS3.net, PS3.org, PS3.biz, etc (you could but they might buy it from you or just gently request you shut it down by sending a nice letter).

          You're lending credibility to your site by using the PS3 trademark and making it easier for your visitors to remember the URL. I personally, do not see why not.

          Just make sure that if you want to do this, get real authoritive information about this. Where? Well, you could PM some of the more senior Warriors in the forum to seek their advice if necessary!

          Asher
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    • Profile picture of the author derekwong28
      I used to own a PSP forum psp-forums.com and I never had any problems from Sony. But each case is different. I recently received a C&D letter concerning another domain that contained a trademarked keyword and I had to pull it down.

      -Derek
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  • Profile picture of the author Napa
    I don't think it even has to be trademarked, they can still sue you. But are they gonna do it? I think not.
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    • Profile picture of the author Louis Raven
      Originally Posted by Napa View Post

      I don't think it even has to be trademarked, they can still sue you. But are they gonna do it? I think not.
      I have a knack for dominating niches so they may get jealous
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    • Profile picture of the author Asher
      If your site makes them more money, why not? But if it's an affiliate kind of site, it may be a problem.

      That said, PSPblender's a affiliate site as well but it's been up there for ages and yet, still hasn't been hounded down. The word's PSP are clearly embedded in it.

      You could go ahead and give it a shot, Louis. The worst case scenario is that you have to purchase a new URL and possibly redirect all your current visitors to the new one - which will definitely cause a loss in your visitors.

      But if it goes through - you've got a possible gold mine!

      Just remember you MUST have the disclaimer and privacy links - but I'm sure you already know that. Since you've been dominating niches and all!

      Asher
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      • Profile picture of the author LB
        Personally, I think you'd be crazy to use a TM in a domain. Ya, lots of people do it with no problem...but why tempt fate?

        You can come up with your own memorable name and rest easy knowing it's not going to come back to bite you one day.

        Also think of this, if you want to sell the site some day the fact that the domain or name has a trademarked term will make it a possible risk to a buyer and could kill a sale.
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