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can I use a brand-name as part of the domain name?

by VeitSchenk
9 replies
G'day,

apologies if this has been answered before, I can't find a good answer using the search tool.

Anyway: any definitive answer to this?

and if the answer is: it depends on the company, they may send their lawyers your way, does that mean instant fine or would I first get a warning to take the site down? (we're talking sniper-style site, so no big loss if I have to take it down...)

Cheers

Veit
#brandname #domain #part
  • Profile picture of the author R Hagel
    Hi Veit,

    It actually depends on how you use the brand name. And to answer that question, you need to talk to a lawyer.

    Cheers,
    Becky

    P.S. If you are messing with someone's trademark, they may just send you a cease and desist. Or they may haul you to court if they feel like making an example out of someone. So, there's no safe answer there.

    IANAL, so again, talk to a lawyer who can advise you on this matter.
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    • Profile picture of the author VeitSchenk
      ah well, just wrote them a nice email explaining that I'd like to set up a sniper-style (ok, ok, only kidding) website that praises their product and that they're welcome to review the site before it goes live.

      I'll post their response when I hear from them

      Veit

      Originally Posted by R Hagel View Post

      Hi Veit,

      It actually depends on how you use the brand name. And to answer that question, you need to talk to a lawyer.

      Cheers,
      Becky

      P.S. If you are messing with someone's trademark, they may just send you a cease and desist. Or they may haul you to court if they feel like making an example out of someone. So, there's no safe answer there.

      IANAL, so again, talk to a lawyer who can advise you on this matter.
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      • Profile picture of the author VeitSchenk
        here is the lovely corporate speak reply:

        "Thank you for your e-mail requesting permission.

        Before we can grant limited permission to publish this material, we must ensure that XXXXX trademarks are protected and used correctly. Please enclose with your request the final copy of any pages referring to XXXXXX or our products in the text, plus a copy of any photo layouts, including captions, to: [address...], Attn: [......], Consumer Affairs Department. We will be in contact with you again after your materials have been reviewed.

        We appreciate your interest in our company.


        Sincerely,"

        ah well, letter in the post (and snipe-style domain registered;-)

        Veit

        Originally Posted by VeitSchenk View Post

        ah well, just wrote them a nice email explaining that I'd like to set up a sniper-style (ok, ok, only kidding) website that praises their product and that they're welcome to review the site before it goes live.

        I'll post their response when I hear from them

        Veit
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        Connect with me on FB: https://www.facebook.com/veitschenk

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  • Profile picture of the author DrGUID
    I'm not sure about this, but I found out today that you can't use a trademark in Google AdWords, even if the three letter acronym is entirely unrelated to the trademarked company itself!

    No wonder our economies are moving to Asia, I am glad I am going to do the same .
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  • Profile picture of the author Dennis Gaskill
    This has been asked many times, but that doesn't make finding the answer easy. The conclusion is usually something like this:

    In general, a brand name is often trademarked, which means you can't use it. A company has to make reasonable efforts to protect their trademark or they can lose it, so you'd probably end up getting a cease and desist letter, and they may want you to turn over the domain name to them.

    However, there are probably exceptions. You really need to check with the company in question that owns the brand. They may have explicit instructions on if/how you may use the brand name.
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    Just when you think you've got it all figured out, someone changes the rules.

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    • Profile picture of the author Jill Carpenter
      In the past, I just email the company and get permission.

      Never had an issue on smaller products or new stuff.
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      "May I have ten thousand marbles, please?"

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  • Profile picture of the author dhooshorbd
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    • Profile picture of the author VeitSchenk
      good point! I guess Google are cool enough to know how the game is played.
      The ones I'm dealing with are more traditional 'corporate', stiff suits, corporate lingo, that kinda thing...
      ah well, I'll only say very nice things about them in my website;-) (the stuff you do to get your hands on your share of 3000 exact daily matches for non-existent PR competition...)

      Veit

      Originally Posted by dhooshorbd View Post

      We came to know about so many digital products with the word Google mentioned as part of their Domains like Googlecash Googlesnipper Googlesnatch etc. Does it mean they violated trademark laws?
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    • Profile picture of the author R Hagel
      Originally Posted by dhooshorbd View Post

      We came to know about so many digital products with the word Google mentioned as part of their Domains like Googlecash Googlesnipper Googlesnatch etc. Does it mean they violated trademark laws?
      Remember this...

      Just because others use someone else's trademark doesn't mean it's legal to you to do so. And just because someone hasn't been "caught" yet doesn't mean they won't be sued when they are. Plus, even if a company isn't actively sending out C&Ds or defending their trademark in court today doesn't mean they won't start doing it tomorrow.

      Point is, don't assume because someone else is doing it that it's ok and legal. That's like speeding along at 75 in a 65 MPH zone because you saw others doing it. Just try using that excuse with the cop or the judge -- it won't fly.

      Cheers,
      Becky
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  • Profile picture of the author dhooshorbd
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