Stumbled On A Potential Goldmine, But Am Now Unsure?

21 replies
Hey Warriors,

Ok, stumbled on a bit of a potential goldmine. Found a product that gets millions of searches a month, one domain I have found is an exact match for over 600k searches a month and .com is available.

Now is this copyright and will can I do this:

Say the product is "Nokia N95 Mobile Phone"

Could I register "NokiaN95MobilePhone.com" or can I not do that??? Is it going to be a copyright issue??

Thanks is advance for any insights!

GoGetta
#goldmine #potential #stumbled #unsure
  • Profile picture of the author Dave Toomey
    Pretty sure that'll get you a 'cease and desist' letter requesting transfer of the domain.

    Some companies don't care but most have $$$ invested in image 'branding' and want full control.

    Some marketers do what youre asking in the knowledge that they can make enough $$$ in the time it takes to catch the eye of the biggies...and just hand it over.

    Not a viable long term strategy.
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  • Profile picture of the author GoGetta
    Thanks Dave,

    That is what I was thinking and why maybe this domain hadn't already been snapped up!

    Well, thinking cap back on, let's find a way around this! ; )

    GoGetta
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  • Profile picture of the author Helps Here
    Yup....sometimes there's a reason its gone already...and sometimes you just got super lucky...but in this case...sounds like a too bad....moment
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    • Profile picture of the author JohnMcCabe
      Jamie, I don't think you have a copyright issue here. I think you have a trademark issue. Different animals entirely.

      As I understand, the phrase 'Nokia N95 Mobile Phone' cannot be protected under copyright. In other words, you are free to use the phrase in articles, videos, etc.

      On the other hand, the phrase 'Nokia N95 Mobile Phone' can be trademarked so that it can only be used with permission. From what I've observed, that means you are SOL on the domain name, but if you wanted to make the phrase a directory or page name, and the content referred to the phone in question, it would fall under 'fair use'...

      One possibility might be to find a nonsense domain name, then target a directory with the phrase so that it is the only real keyword. Just guessing...
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  • Profile picture of the author sbucciarel
    Banned
    I'm wondering if these companies really care, as long as you are selling their products.

    There was recently a thread like this about a site that used both Amazon and Kindle in the domain name. Amazon is aware of it and has done nothing to take down the site, although I'm sure they could if they wanted to.

    I've seen thousands of listings of sites with domain names that use a specific product name. I know that it is trademark infringement, but I'm not so sure that the company cares when you're selling their product.

    Just an observation.
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  • Profile picture of the author Will Edwards
    Not a copyright issue, but perhaps a Trademark issue.
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    • Profile picture of the author Shoaib
      If it is a very large corporation, such as the case that would be with Nokia, then they will care if you do what you mentioned without their explicit permission.

      Large corporations are more concerned with their brand and image integrity than they are with someone selling their products and making them a little bit of money. In my opinion & experience anyway.
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      • Profile picture of the author brunski57
        Give it a shot... sometimes it is better to ask for "forgiveness" than "permission" ... when starting out.
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  • Profile picture of the author Michael Kohler
    I would just do it and see what happens. They can only ask you to take it down and your out $10. With that kind of search volume, you could really make a lot of cash fast. So do it!
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  • Profile picture of the author textron
    trademark issue. not worth getting tangled up in.
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  • Profile picture of the author Popstar
    That's a trademark issue.

    Part of keeping a trademark means you have to go after (legally) people who infringe on your trademark. Otherwise, you can lose it.

    I wouldn't do it. You're asking for legal trouble.
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  • Profile picture of the author hiphil
    Use N95 in your domain name, (e.g. N95-Mobile.com) but don't include the word Nokia.
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    • Profile picture of the author craigc1980
      Heres my experience

      I think its ridiculous that they can make you change domain names.

      I mean if the domain name is available then why dont the companies have software to detect things like that so we couldnt make a domain name.

      See i had a bad experience with yahoo.

      I had a site called yahooprograms.com

      Where i sold 3rd party chat clients,protection,anti virus software,trivia bots and other neat little gadgets you could use for yahoo.

      had the site for 3 years.

      Had all the proper disclaimers i needed. I had this site about 9 years ago which was only a few years after yahoo launched

      had tons of traffic coming to this site and making at least $2000 a month from it.

      Every time i launched a new product i built it would bring in even more sales.

      Then after 3 years i get a letter from yahoo legal services stating that i need to change the domain name and take yahoo out of it.

      What didnt make sense was the site was around for 3 years

      Then come to find out after shutting it down that they bought the domain themselves and sold it to a sister company where they made some profit out the deal selling their products with my hard work already having traffic established.

      The site is no longer around but is still owned by Mark Monitor which is a company of yahoo inc,

      Craig
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      • Profile picture of the author sbucciarel
        Banned
        Originally Posted by craigc1980 View Post

        Heres my experience

        I think its ridiculous that they can make you change domain names.
        I had a site called yahooprograms.com
        had tons of traffic coming to this site and making at least $2000 a month from it.
        Every time i launched a new product i built it would bring in even more sales.

        Then after 3 years i get a letter from yahoo legal services stating that i need to change the domain name and take yahoo out of it
        Let's see ... you infringed on their trademark and made bank on it for a good while and then you're offended when they take their trademark from you and have the audacity to capitalize off of the traffic?

        I would have just given it over graciously and been very grateful for the huge profit I made from it and grateful that they didn't sue.
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  • Profile picture of the author marketeers
    I don't think theres a copyright issue here.
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  • Profile picture of the author Shoaib
    The big guys don't always take the cake.

    Check out http://www.nissan.com/. It has been like that since I was a little baby!
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    • Profile picture of the author sbucciarel
      Banned
      Originally Posted by Shoaib View Post

      The big guys don't always take the cake.

      Check out http://www.nissan.com/. It has been like that since I was a little baby!
      Mr. Nissan registered that domain before Nissan was even Nissan ...
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  • Profile picture of the author GeorgR.
    Originally Posted by GoGetta View Post

    Could I register "NokiaN95MobilePhone.com"
    of course you cant. Assuming Nokia is a TM.
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  • Profile picture of the author mmurtha
    "Nokia" is trademarked, so if you use it or another name that is trademarked like it, you can get sued.
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    • Profile picture of the author Simon Royal
      I belive like the many that already replied that that is not the best way to go. If they wanted to they could make a big stink but...

      What about this?

      set up a blog
      "highly searched relevant keyword.com"

      set up postings like:

      keyword.com/nokia_ whatever whatever/

      Then build links to that page to increase your rankings.

      That would be my strategy,
      When sales start to dwindle sell it on flippa.com

      Torrance
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