Is this a possible trademark infringement domain?

Rebtl · 07-01-2009, 10:35 AM

Would registering the name of something like a car be considered trademark infringement or cybersquatting?

Something like 2010 Mustang -2010 Ford Mustang price, specs, photos, sale deals

Is it ok to do a site like this because it blatantly points out to the visitor that it is an unofficial site, that is not associated with Ford?

Thanks for any advice.

Rebtl

Poglia · 07-01-2009, 10:37 AM

You can do it if you clearly say that the site is not official, there are thousands if not million of unofficial sites with product/famous people names.

Rebtl · 07-01-2009, 10:49 AM

That's what I was thinking but I wanted to have some people here who are experienced domain experts weigh in.

Thanks

Rebtl

bgmacaw · 07-01-2009, 10:52 AM

While technically it could be a trademark issue so there is some risk involved, many companies like the idea of unofficial fan sites as long as they're positive and don't try to pass themselves off as official company sites or an official dealer/franchisee. Basically, you have to know who you're dealing with in this area before you jump in.

Rebtl · 07-01-2009, 10:54 AM

Thanks macaw,

I can see how companies would be supportive of fan sites, especially somebody like one of the big auto makers.

I would never be stupid enough to try to build something like that an pass it off as something officially done by the company.

Tyrus Antas · 07-01-2009, 11:13 AM

If you're making money from it there could be an issue. In that case you should ask the company for permission. Otherwise I don't think they could do anything with you.

Uniform Domain Name Dispute Resolution Policy - Wikipedia, the free encyclopedia

Tyrus

Rebtl · 07-01-2009, 11:17 AM

Thanks Tyrus, that wikipedia page is exactly what I have been looking for.

As far as I can tell, you will probably be ok as long as you are not trying to do something stupid like provoke the trademark owner by cybersquatting their domain or being libelous towards them on the domain.

Thanks

Rebtl

JustaWizard · 07-01-2009, 11:20 AM

I don't have direct experience with this, but I've heard from people who have done something similar to this that the company owning a trademark CAN contact you with a cease and desist and in the end get your domain name, or minimally have you shut down your site.

From what I understand being on the outside, the decision to build a site on such a domain rests on how much work you'll end up putting into the site building, SEO, etc. because if they end up taking your domain, you could be out many hours of time/work. If the short term gains are large, then maybe it's worth it, but ostensibly I can't advise on that...

Hope that helps!

Best,
David

Killer Joe · 07-01-2009, 11:46 AM

Just curious...

Your pictures and text are also found on another website (2010mustang.us)

Is this also your site?

Additionally, any photos or text content that is scraped off an *official site* can get you in deep doo-doo. It looks to me like there is a lot of *borrowing* going on here.

Being a fan is one thing, taking content without consent is completely different. If FORD is the originator of the photos and text you may want to rethink your strategy.

KJ

Rebtl · 07-01-2009, 11:58 AM

thanks for the concern Joe,

but that is not my site, nor is the other one you mentioned.

I was just using it as an example for my question.

I know using pictures you don't have rights to is a serious issue.

Thanks

Rebtl

TheRealDomainer · 07-01-2009, 12:03 PM

Yes, it is

07-01-2009, 10:35 AM	#1
Rebtl HyperActive Warrior Join Date: Dec 2008 Location: U.S. Posts: 271 Thanks: 27 Thanked 11 Times in 10 Posts Contact Info	Is this a possible trademark infringement domain? Would registering the name of something like a car be considered trademark infringement or cybersquatting? Something like 2010 Mustang -2010 Ford Mustang price, specs, photos, sale deals Is it ok to do a site like this because it blatantly points out to the visitor that it is an unofficial site, that is not associated with Ford? Thanks for any advice. Rebtl

07-01-2009, 10:37 AM	#2
Poglia The Scarecrow War Room Member Join Date: Sep 2008 Posts: 147 Thanks: 1 Thanked 11 Times in 11 Posts	Re: Is this a possible trademark infringement domain? You can do it if you clearly say that the site is not official, there are thousands if not million of unofficial sites with product/famous people names.
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07-01-2009, 10:49 AM	#3
Rebtl HyperActive Warrior Join Date: Dec 2008 Location: U.S. Posts: 271 Thanks: 27 Thanked 11 Times in 10 Posts Contact Info	Re: Is this a possible trademark infringement domain? That's what I was thinking but I wanted to have some people here who are experienced domain experts weigh in. Thanks Rebtl

07-01-2009, 10:52 AM	#4
bgmacaw Senior Warrior Member War Room Member Join Date: Aug 2008 Location: Atlanta GA Metro Area, USA. Posts: 1,770 Blog Entries: 3 Thanks: 62 Thanked 295 Times in 236 Posts Social Networking	Re: Is this a possible trademark infringement domain? While technically it could be a trademark issue so there is some risk involved, many companies like the idea of unofficial fan sites as long as they're positive and don't try to pass themselves off as official company sites or an official dealer/franchisee. Basically, you have to know who you're dealing with in this area before you jump in.
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07-01-2009, 10:54 AM	#5
Rebtl HyperActive Warrior Join Date: Dec 2008 Location: U.S. Posts: 271 Thanks: 27 Thanked 11 Times in 10 Posts Contact Info	Re: Is this a possible trademark infringement domain? Thanks macaw, I can see how companies would be supportive of fan sites, especially somebody like one of the big auto makers. I would never be stupid enough to try to build something like that an pass it off as something officially done by the company.

07-01-2009, 11:13 AM	#6
Tyrus Antas King Tyrus Join Date: Mar 2009 Location: Portugal, Europe Posts: 711 Thanks: 29 Thanked 77 Times in 68 Posts	Re: Is this a possible trademark infringement domain? If you're making money from it there could be an issue. In that case you should ask the company for permission. Otherwise I don't think they could do anything with you. Uniform Domain Name Dispute Resolution Policy - Wikipedia, the free encyclopedia Tyrus
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07-01-2009, 11:17 AM	#7
Rebtl HyperActive Warrior Join Date: Dec 2008 Location: U.S. Posts: 271 Thanks: 27 Thanked 11 Times in 10 Posts Contact Info	Re: Is this a possible trademark infringement domain? Thanks Tyrus, that wikipedia page is exactly what I have been looking for. As far as I can tell, you will probably be ok as long as you are not trying to do something stupid like provoke the trademark owner by cybersquatting their domain or being libelous towards them on the domain. Thanks Rebtl

07-01-2009, 11:20 AM	#8
JustaWizard Offline Marketing Expert War Room Member Join Date: Feb 2007 Location: Vancouver, WA USA Posts: 401 Thanks: 202 Thanked 44 Times in 22 Posts Social Networking	Re: Is this a possible trademark infringement domain? I don't have direct experience with this, but I've heard from people who have done something similar to this that the company owning a trademark CAN contact you with a cease and desist and in the end get your domain name, or minimally have you shut down your site. From what I understand being on the outside, the decision to build a site on such a domain rests on how much work you'll end up putting into the site building, SEO, etc. because if they end up taking your domain, you could be out many hours of time/work. If the short term gains are large, then maybe it's worth it, but ostensibly I can't advise on that... Hope that helps! Best, David
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07-01-2009, 11:46 AM	#9
Killer Joe aka Bill Farnham War Room Member Join Date: Feb 2008 Location: Virginia, USA. Posts: 825 Blog Entries: 5 Thanks: 245 Thanked 297 Times in 204 Posts	Re: Is this a possible trademark infringement domain? Just curious... Your pictures and text are also found on another website (2010mustang.us) Is this also your site? Additionally, any photos or text content that is scraped off an official site can get you in deep doo-doo. It looks to me like there is a lot of borrowing going on here. Being a fan is one thing, taking content without consent is completely different. If FORD is the originator of the photos and text you may want to rethink your strategy. KJ
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07-01-2009, 11:58 AM	#10
Rebtl HyperActive Warrior Join Date: Dec 2008 Location: U.S. Posts: 271 Thanks: 27 Thanked 11 Times in 10 Posts Contact Info	Re: Is this a possible trademark infringement domain? thanks for the concern Joe, but that is not my site, nor is the other one you mentioned. I was just using it as an example for my question. I know using pictures you don't have rights to is a serious issue. Thanks Rebtl

07-01-2009, 12:03 PM	#11
TheRealDomainer Banned Join Date: Nov 2007 Location: , , USA. Posts: 465 Thanks: 9 Thanked 62 Times in 30 Posts Social Networking Contact Info	Re: Is this a possible trademark infringement domain? Yes, it is