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domain name trademark question

by pbrite
5 replies
  • SEO
    • |
Let's say I have a domain name that includes a potential trademark violation. If I were to set up another domain name to forward it to, would that effect my indexed articles in terms of SEO and rank? For example, let's say my site was titled amazonsbestdeals.com with 40 articles indexed under that domain name. I find out that Amazon wants me to cease and desist, so I forward the domain to thewebsbestdeals.com. Would my original articles still retain their ranking?
#domain #question #trademark
  • Profile picture of the author paulgl
    It's not really a trademark violation until you lose a legal ruling.

    A letter is not a ruling. People somehow forget this. Nobody can
    take your domain, unless you are in the US, have a US based
    website, and the FBI thinks you are doing something wrong.
    Last time I heard this, people were shutdown for selling
    counterfeit goods. Nothing to do with domain names.

    IMHO, amazon would not bother. Besides, you have nothing to
    lose. Just say no. Let them file against you.

    Your host is a different matter. People are so scared of google,
    they forget your host is MORE powerful. They could refuse to
    host it, shutting you down.

    Forwarding a domain is still using it, so that makes no sense.
    But, if you did 301 them all, with old file name pointing to
    new file name, then theoretically yes. But amazon would not
    allow you to do that, if you wilted like a rose in the Texas sun.

    If people have a legit and provable use for a domain, they can
    win. They cannot take your domains. Like I said, the US gov't can
    take your website for doing illegal things. They normally don't give
    a hoot about trademark violations.

    In fact, infringing on a trademark is not a criminal action. People
    have to sue you. Nobody gets arrested for that. Unless, as I stated,
    you are counterfeiting.

    Of course you will hear people chime in about how the world is going
    to crash so just give in. Nothing could be further from the truth.

    If I had a domain that I really wanted to use, I sure would put up a fight.
    They do have to follow procedure and win.

    Of course, the option is to register a TLD outside the US. Then you free to
    do pretty much what you choose. US laws in many large countries are
    just laughed at. Like China.

    Paul
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    • Profile picture of the author pbrite
      Thanks. My true site is related to a popular movie series and I'm an amazon affiliate with it. My domain name contains the franchise name and it's pretty obvious that it's for fans. I've got disclaimers on the site and all explaining as such...the usual biz, i.e "this has no affiliation with blah blah blah."
      I'm not making crazy amounts of money with it- $150 a month on the good months. I'm not terribly worried about the franchise trademark owners because my content is clearly "inspired" by the franchise and not ripping it off.

      It's Amazon that I don't want cutting me off because I may have violated their operating agreement:

      "5. Responsibility for Your Site

      You will be solely responsible for your site, including its development, operation, and maintenance and all materials that appear on or within it. For example, you will be solely responsible for:
      the technical operation of your site and all related equipment;
      displaying Special Links and Content on your site in compliance with this Operating Agreement and the Operational Documentation and any agreement between you and any other person or entity (including any restrictions or requirements placed on you by any person or entity that hosts your site);
      creating and posting, and ensuring the accuracy, completeness, and appropriateness of, materials posted on your site (including all Product descriptions and other Product-related materials and any information you include within or associate with Special Links);
      using the Content, your site, and the materials on or within your site in a manner that does not infringe, violate, or misappropriate any of our rights or those of any other person or entity (including copyrights, trademarks, privacy, publicity or other intellectual property or proprietary rights);"

      So if they deemed infringement via my domain name, I didn't know if redirecting it to a less-obvious name would help.
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  • Profile picture of the author Shout Out Digital
    To me this shouldn't be an issue but maybe it would be best to message Amazon and be honest with them to see what they think, they will most likely appreciate it. Also it means you can find out for sure if this is an issue, if not then keep what you got.

    However if you have to changeto a new domain then yes it will effect your rankings because its a completely new domain name with no authority or link profile. You will rank again but it may take months even with the redirect because you dont just rank based on back links and the quality of your content, there are other factors such as domain age, domain authority, etc.

    If you found this helpful, please send over a Thanks to help me build up my reputation. Thanks,Neil
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  • Profile picture of the author limestone614
    Amazon are dead against using Trademarks in linking domains, however I have had one for about 2 years with no issue.

    It is a direct sales site, with a trademarked term in the URL.

    www.best<enter apple device>dock.....com

    Etc.
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    • Profile picture of the author pbrite
      Originally Posted by limestone614 View Post

      Amazon are dead against using Trademarks in linking domains, however I have had one for about 2 years with no issue.

      It is a direct sales site, with a trademarked term in the URL.

      www.best<enter apple device>dock.....com

      Etc.
      I would probably be ok, then. I don't think I make too much of a stink online with my site. My site is something like, for example, batmanwallclimbing.com and focuses on wall climbing as inspired by batman. The amazon links would go to items that help wall climbing. I might have articles like "top wall climbing grapples" or "best wall climbing protection gear" and use elements from batman to describe how they work.
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