disaster - any recovery?

6 replies
guys
I use the name of the product i'm promoting in my domain name separated by a hyphen - to a second generic - product unrelated word.

The owners of the product that the website is about (basically my website is a massive advert for this product and i sell an informational at the end)- a big company are accusing me of trademark infringement and have given me a week to cease using the trademark in the domain name and remove all reference to the trademark from the site!!

ie they are ordering me to shut down within a week - or else - is this legal?

I mean a change of domain name is possible but can they really stop me from referring to the "trademark" within the site itself?

For example if you had a website promoting ford motor cars - and you called it ford-motor-cars.com - and your entire website is promoting ford motor cars and you sell your own informational product at the end-

Ford then contact you to tell you that you cant use "Ford" in your domain name as its their trademark - but can they then say you are not allowed to use the word "ford" anywhere within your site?

what do you guys think?

rob
#disaster #recovery
  • Profile picture of the author Kay King
    ie they are ordering me to shut down within a week - or else - is this legal?
    Yes - if you are violating their registered trademark.

    I know some companies that will not allow you to use a trademark in a page title, too - and they can do that. As for mentioning the product in the text (without a link) - I doubt that would have been a problem. Now that you are on the radar it may be a problem.

    If you want to fight it you will need an attorney and a pile of cash. Better suggestion is to read up on trademark use and what is and is not allowed. There are a lot of marketers using trademarks because they read some "info" product that told them "you can often get by with it" - but many times you can't get by with it.

    Trademark registration is designed to protect and "own" the brand name - so that others can't just use it in any way they want.

    IANAL - and legal advice on a forum is not going to help. There are always those who say "fight it" - but they won't be paying the court costs.

    kay
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  • Profile picture of the author sbucciarel
    Banned
    Yes, of course they can shut you down for using their trademark in the domain or even in the title sometimes. As for mentioning the product within your site, that I can't tell you. Why don't you just comply and send them an email asking them if it's alright to promote their product? Seems to be the best way to get an answer without hiring an attorney.
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    • Profile picture of the author robshaw33
      yes - i think i'm going to change the domain name and ask if its okay for me to still write - link to and promote their brand
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      • Profile picture of the author Venturetothetop
        No one can stop you writing about their brand unless what you are saying is not true. Look at the masses of sites against Asda and Tesco's (UK supermarket chains), they tried to shut them down but could not. None of which used the trademarks in the web url.

        Anyone using my product name or trademarks in their web address to promote their own product (all be at the end like you have done) would feel the full wrath of my lawyer also. You're using their trademark to sell your product, falsely associating yourself and cheating on traffic which should go direct to them...

        Im suprised you have to think if it was even possible for them to order you to stop...
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  • Profile picture of the author JustVisiting
    Where are you based. Is the product trademarked in your country?
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    • Profile picture of the author robshaw33
      hi - yes i'm based in the same country - from the evidence you all state i have made a mistake - i'll have to change the domain name - hopefully that will be enough and they will leave me alone - it will take months to get the links and search rankings back - if at all.
      there is no way it interferes with their traffic - it increases it - its basically a massive promotion of their product.
      i only started it off for fun and it just grew from there - i never even thought i would get visitors let alone start selling a few copies every week
      lesson learned
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