Domain Name Trademark Problem?

ECoughlin · 05-11-2009, 08:39 PM

I made a major goof, I think, although it just may mean I threw away $10.

I bought a domain name that has a trademark brand name within it.

Now I find out I could have legal problems down the road if I use it.

Is this true? I checked out Chilling Effects Clearinghouse for more info but it's kind of confusing, all that legal talk. They say it's first come, first served on the domain names but that no one has the legal right to infringe on someone else's copyright. So it's still kind of unclear.

I am not trying to do domain selling or "cybersquatting", as they put it.

So do ya think I could still use the name and put some sort of disclaimer in the footer? Like " TRADEMARK NAME is a registered trademark of "BigCompany" and this site is not meant to cause any confusion with anything related to the original TRADEMARK NAME"... blah blah, blah.

I appreciate any help on this.

Thanks in advance,

Justin Mandel · 05-11-2009, 08:51 PM

I am not a lawyer, but I doubt this would work. A trademark is intellectual property and even by justifying like that you are still infringing on their name.

Norma Holt · 05-11-2009, 08:53 PM

It probably depends on the Company who owns the trade mark. I think if they have not registered the domain name they might be interested in buying it from you. I would not use it personally as I try to avoid all such issues. Get a name similar or put a word between the components of the name. e.g. cyberguestsquatting or sybersquatting

Norma

zapseo · 05-11-2009, 08:55 PM

You lose.

sorry.

some companies are more sensitive than others -- but mostly, they want to make sure that people do not confuse your site with their product.

For instance, aweber will not permit you to use their name in your domain. (I asked.)

And Firefox/Mozilla -- forget it. I know of one firefox product a couple of guys were coming out with until they got a letter from the Firefox/Mozilla folks.

It's not that they are trying to be mean -- but they have to watch out for their legal rights and make sure that their trademarks don't fall into the public domain (like xerox or kleenex.)

Live JoyFully!

Judy Kettenhofen, Profit Strategist/Copywriter
NextDay Copy

ECoughlin · 05-11-2009, 08:57 PM

Yeah, well I'm glad I didn't invest a lot of time into building this particular site. All I've lost is $10. Better to just cut my losses, I think.

Jonathan Mizel · 05-11-2009, 09:49 PM

On the other hand, Twitter, ClickBank, and occasionally Google (GoogleCash.com) seem to be OK with it. It really depends on the name and the policy at the trademarked company.

One thing, even though they allow it today, that doesn't mean they'll allow it forever, so best to have an alternate name available.

Jonathan

Traffic-Bug · 05-12-2009, 03:59 AM

I have some trademarked domains also, and I know godaddy auctions has a policy of not allowing domains that infringe on trademarks to be listed.

TelegramSam · 05-12-2009, 04:34 AM

It also depends on whether you use the name in a similar way to the owner of the trademark. There are numerous categories that a trademark can cover. Often businesses only trademark the name within categories related to what they are doing.

Perhaps not a good example but consider the word McDonalds.

If you had a domain name like McDonalds-burger-tips.com then it would be a potentially bad idea.

But if you had something like McDonalds-Whiskey.com (nothing to do with burgers) then you may be ok.

So in other words are you seeking to gain commercial advantage by using the "trademarked" name.

Frank Ayres · 05-12-2009, 05:02 AM

I have had a couple of domain names with trademarked names for over a year and never had any problems with either of them.
If you don't want to waste a lot of time why dont you just throw a quick site up there with adsense or something or park the domain so you can make some money on what you have spent.
Worse that will happen is the company will ask you to give them the domain name.

ECoughlin · 05-12-2009, 08:50 AM

Excellent suggestions, all.

I got it through namecheap. I'll check to see if they have a similar policy as GoDaddy.

If not, I may go with Spuds suggestions. You're right, the worst they can do is send me a cease and desist letter. In which case, I will.

I did a search and saw some other sites that use this particular name in their domain name. That's where I got the idea for the disclaimer. BUt it may be that they have an agreement with them.

I'm just kicking myself because I learned all this stuff about trademark way back in 2005. But then forgot all about it! I feel like such a dumba--. Oh, well, I won't forget it again. And maybe someone else can learn from my mistake. All things work together for good....

Thanks for all your help. :-)

deskmonkey · 05-12-2009, 09:10 AM

Quote:

Originally Posted by 123rlp

If it is with Godaddy you can cancel and get a refund,I think they have a seven day grace period.I returned one got a credit no problem.

I don't know about GoDaddy, but I heard from Namecheap that ICANN has placed limits on the grace period, which is why NameCheap no longer has a grace period. Supposedly registrars (eg. NameCheap, GoDaddy) no longer get a refund from gTLD operators from canceled registrations. I don't know if GoDaddy and other registrars were affected by that ICANN policy, but if NameCheap has, then they may be as well. Try contacting your registrar just to be sure, though.

ECoughlin · 05-12-2009, 09:14 AM

good info. I'll check.

bgmacaw · 05-12-2009, 09:36 AM

Trademarks aren't cut and dried but, in general, the side with the biggest, baddest, meanest lawyers and the deepest pockets win and I'd guess that this wouldn't be you.

Some companies don't have a problem with it while others are aggressive about defending their trademark. Some have even gone after people for having personal photos with their product logo pictured in it or for having a blog post with their trademark in the title. Others are cool about it as long as you aren't trying to make people think you're an official part of the company. You have to know the lay of the land.

jtrag · 05-12-2009, 09:44 AM

I've heard of large corporations and such going after webmasters who use domains with their trademarked name or whatever in the domain. From what I've read and seen throughout the years, usually the worst that happens is they win a court case against you, in some cases sue you for damages, and they virtually always get to take your domain and keep it indefinitely. By the way, you won't get your money back for the domain either :P

Gene Pimentel · 05-12-2009, 09:56 AM

Quote:

If you don't want to waste a lot of time why dont you just throw a quick site up there with adsense or something or park the domain so you can make some money on what you have spent.
Worse that will happen is the company will ask you to give them the domain name.

PLEASE STOP! This is the worst advice that could possibly be given. By generating revenue of ANY kind on a domain containing a Trademarked term, no matter how small the amount, this is all the evidence needed for the TM owner to file a major lawsuit against you. Never, never NEVER try to earn money on a TM domain in any way unless your idea of a good time is spending thousands of dollars defending yourself in court.

That being said, it would not likely come to that, but it happens VERY often to unsuspecting individuals. Is it worth the risk of a $100,000.00 lawsuit to try to recoup your $10 reg fee?

Delete the domain from your registrar and forget about it. Or, offer it to the TM holder for free, with the suggestion of reimbursing you for the registration cost (but don't require it).

LB · 05-12-2009, 10:05 AM

Quote:

Worse that will happen is the company will ask you to give them the domain name.

No.

Worst that CAN happen is a lawsuit.

ECoughlin · 05-12-2009, 10:49 AM

You're right, it's not worth the trouble. Although based on sites I've seen that already contain the name, I don't think they would come after me. Although most of those sites are not commercial sites.

I can see where a lawsuit would be the worst that could happen but I think the step that comes before a lawsuit is a cease and desist letter. It wouldn't get past that. I'm not THAT stupid! :-0

I'm also not stupid enough to invest any time in building a site that is so problematic. So that's it. I've already bought another domain name that will work just as well and doesn't hurt anyone else. In fact, it seems to be a lot more profitable. We'll see!

Gene Pimentel · 05-12-2009, 10:54 AM

Quote:

Originally Posted by ECoughlin

I can see where a lawsuit would be the worst that could happen but I think the step that comes before a lawsuit is a cease and desist letter. It wouldn't get past that. I'm not THAT stupid! :-0

Actually, some bigger corporations are so fed up with their TM's being registered on a daily basis that they are skipping the C&D process and immediately filing suit.

Quote:

Originally Posted by ECoughlin

I'm also not stupid enough to invest any time in building a site that is so problematic. So that's it. I've already bought another domain name that will work just as well and doesn't hurt anyone else. In fact, it seems to be a lot more profitable. We'll see!

Glad to hear this

05-11-2009, 08:39 PM	#1
ECoughlin HyperActive Warrior Join Date: Oct 2008 Location: Florida Posts: 129 Thanks: 33 Thanked 5 Times in 5 Posts Social Networking	Domain Name Trademark Problem? I made a major goof, I think, although it just may mean I threw away $10. I bought a domain name that has a trademark brand name within it. Now I find out I could have legal problems down the road if I use it. Is this true? I checked out Chilling Effects Clearinghouse for more info but it's kind of confusing, all that legal talk. They say it's first come, first served on the domain names but that no one has the legal right to infringe on someone else's copyright. So it's still kind of unclear. I am not trying to do domain selling or "cybersquatting", as they put it. So do ya think I could still use the name and put some sort of disclaimer in the footer? Like " TRADEMARK NAME is a registered trademark of "BigCompany" and this site is not meant to cause any confusion with anything related to the original TRADEMARK NAME"... blah blah, blah. I appreciate any help on this. Thanks in advance,
	Hey, my name is Eunice. I've been an Internet Marketer since 2005. If you want to, you can connect with me on Facebook and Twitter. :-)

05-11-2009, 08:51 PM	#2
Justin Mandel Trust Establisher War Room Member Join Date: Aug 2007 Location: Long Island, NY. Posts: 2,968 Thanks: 526 Thanked 170 Times in 127 Posts Social Networking Contact Info	Re: Domain Name Trademark Problem? I am not a lawyer, but I doubt this would work. A trademark is intellectual property and even by justifying like that you are still infringing on their name.
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05-11-2009, 08:53 PM	#3
Norma Holt Senior Warrior Member War Room Member Join Date: Oct 2005 Location: Canberra , Australia. Posts: 2,132 Blog Entries: 4 Thanks: 54 Thanked 96 Times in 67 Posts Social Networking Contact Info	Re: Domain Name Trademark Problem? It probably depends on the Company who owns the trade mark. I think if they have not registered the domain name they might be interested in buying it from you. I would not use it personally as I try to avoid all such issues. Get a name similar or put a word between the components of the name. e.g. cyberguestsquatting or sybersquatting Norma
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05-11-2009, 08:55 PM	#4
zapseo Judy K - WSOTD Copywriter War Room Member Join Date: Jan 2004 Location: San Jose (Silicon Valley), CA , USA. Posts: 4,617 Blog Entries: 1 Thanks: 151 Thanked 238 Times in 162 Posts Social Networking Contact Info	Re: Domain Name Trademark Problem? You lose. sorry. some companies are more sensitive than others -- but mostly, they want to make sure that people do not confuse your site with their product. For instance, aweber will not permit you to use their name in your domain. (I asked.) And Firefox/Mozilla -- forget it. I know of one firefox product a couple of guys were coming out with until they got a letter from the Firefox/Mozilla folks. It's not that they are trying to be mean -- but they have to watch out for their legal rights and make sure that their trademarks don't fall into the public domain (like xerox or kleenex.) Live JoyFully! Judy Kettenhofen, Profit Strategist/Copywriter NextDay Copy
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05-11-2009, 08:57 PM	#5
ECoughlin HyperActive Warrior Join Date: Oct 2008 Location: Florida Posts: 129 Thanks: 33 Thanked 5 Times in 5 Posts Social Networking	Re: Domain Name Trademark Problem? Yeah, well I'm glad I didn't invest a lot of time into building this particular site. All I've lost is $10. Better to just cut my losses, I think.
	Hey, my name is Eunice. I've been an Internet Marketer since 2005. If you want to, you can connect with me on Facebook and Twitter. :-)

05-11-2009, 09:49 PM	#6
Jonathan Mizel HyperActive Warrior War Room Member Join Date: Jul 2002 Location: Maui, Hawaii, USA Posts: 291 Thanks: 60 Thanked 93 Times in 42 Posts Social Networking	Re: Domain Name Trademark Problem? On the other hand, Twitter, ClickBank, and occasionally Google (GoogleCash.com) seem to be OK with it. It really depends on the name and the policy at the trademarked company. One thing, even though they allow it today, that doesn't mean they'll allow it forever, so best to have an alternate name available. Jonathan
	Remarketing Secrets teaches you how to get your ads to follow hot prospects around the Internet until the buy: http://www.RemarketingSecrets.com/

05-12-2009, 03:59 AM	#7
Traffic-Bug Senior Warrior Member Join Date: Jan 2009 Location: Oregon Posts: 1,196 Thanks: 3 Thanked 69 Times in 61 Posts Social Networking	Re: Domain Name Trademark Problem? I have some trademarked domains also, and I know godaddy auctions has a policy of not allowing domains that infringe on trademarks to be listed.
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05-12-2009, 04:34 AM	#8
TelegramSam Battle Hardened Warrior Join Date: Apr 2009 Location: USA/UK Posts: 690 Thanks: 44 Thanked 166 Times in 89 Posts	Re: Domain Name Trademark Problem? It also depends on whether you use the name in a similar way to the owner of the trademark. There are numerous categories that a trademark can cover. Often businesses only trademark the name within categories related to what they are doing. Perhaps not a good example but consider the word McDonalds. If you had a domain name like McDonalds-burger-tips.com then it would be a potentially bad idea. But if you had something like McDonalds-Whiskey.com (nothing to do with burgers) then you may be ok. So in other words are you seeking to gain commercial advantage by using the "trademarked" name.

05-12-2009, 05:02 AM	#9
Frank Ayres Formally Known As SpudDS War Room Member Join Date: Nov 2007 Location: London, UK Posts: 3,522 Thanks: 188 Thanked 311 Times in 266 Posts Social Networking Contact Info	Re: Domain Name Trademark Problem? I have had a couple of domain names with trademarked names for over a year and never had any problems with either of them. If you don't want to waste a lot of time why dont you just throw a quick site up there with adsense or something or park the domain so you can make some money on what you have spent. Worse that will happen is the company will ask you to give them the domain name.
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05-12-2009, 08:50 AM	#10
ECoughlin HyperActive Warrior Join Date: Oct 2008 Location: Florida Posts: 129 Thanks: 33 Thanked 5 Times in 5 Posts Social Networking	Re: Domain Name Trademark Problem? Excellent suggestions, all. I got it through namecheap. I'll check to see if they have a similar policy as GoDaddy. If not, I may go with Spuds suggestions. You're right, the worst they can do is send me a cease and desist letter. In which case, I will. I did a search and saw some other sites that use this particular name in their domain name. That's where I got the idea for the disclaimer. BUt it may be that they have an agreement with them. I'm just kicking myself because I learned all this stuff about trademark way back in 2005. But then forgot all about it! I feel like such a dumba--. Oh, well, I won't forget it again. And maybe someone else can learn from my mistake. All things work together for good.... Thanks for all your help. :-)
	Hey, my name is Eunice. I've been an Internet Marketer since 2005. If you want to, you can connect with me on Facebook and Twitter. :-)

05-12-2009, 09:14 AM	#12
ECoughlin HyperActive Warrior Join Date: Oct 2008 Location: Florida Posts: 129 Thanks: 33 Thanked 5 Times in 5 Posts Social Networking	Re: Domain Name Trademark Problem? good info. I'll check.
	Hey, my name is Eunice. I've been an Internet Marketer since 2005. If you want to, you can connect with me on Facebook and Twitter. :-)

05-12-2009, 09:36 AM	#13
bgmacaw Senior Warrior Member War Room Member Join Date: Aug 2008 Location: Atlanta GA Metro Area, USA. Posts: 3,643 Blog Entries: 5 Thanks: 311 Thanked 925 Times in 644 Posts Social Networking	Re: Domain Name Trademark Problem? Trademarks aren't cut and dried but, in general, the side with the biggest, baddest, meanest lawyers and the deepest pockets win and I'd guess that this wouldn't be you. Some companies don't have a problem with it while others are aggressive about defending their trademark. Some have even gone after people for having personal photos with their product logo pictured in it or for having a blog post with their trademark in the title. Others are cool about it as long as you aren't trying to make people think you're an official part of the company. You have to know the lay of the land.
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05-12-2009, 09:44 AM	#14
jtrag EZInternetMarketing.com War Room Member Join Date: Apr 2008 Location: USA Posts: 204 Blog Entries: 2 Thanks: 311 Thanked 28 Times in 26 Posts Social Networking Contact Info	Re: Domain Name Trademark Problem? I've heard of large corporations and such going after webmasters who use domains with their trademarked name or whatever in the domain. From what I've read and seen throughout the years, usually the worst that happens is they win a court case against you, in some cases sue you for damages, and they virtually always get to take your domain and keep it indefinitely. By the way, you won't get your money back for the domain either :P

05-12-2009, 10:49 AM	#17
ECoughlin HyperActive Warrior Join Date: Oct 2008 Location: Florida Posts: 129 Thanks: 33 Thanked 5 Times in 5 Posts Social Networking	Re: Domain Name Trademark Problem? You're right, it's not worth the trouble. Although based on sites I've seen that already contain the name, I don't think they would come after me. Although most of those sites are not commercial sites. I can see where a lawsuit would be the worst that could happen but I think the step that comes before a lawsuit is a cease and desist letter. It wouldn't get past that. I'm not THAT stupid! :-0 I'm also not stupid enough to invest any time in building a site that is so problematic. So that's it. I've already bought another domain name that will work just as well and doesn't hurt anyone else. In fact, it seems to be a lot more profitable. We'll see!
	Hey, my name is Eunice. I've been an Internet Marketer since 2005. If you want to, you can connect with me on Facebook and Twitter. :-)