Using trademark names in URL

This is best suited for a lawyer to answer, but it is generally considered a no-no. Yes a lot of people get away with it, but that doesn't make it right or mean that they will be able to get away with it for very long. Some companies are more strict about following up on TM issues than others, but I always recommend anyone asking to do something with a TM in the domain name not to do it because of all the potential legal problems in the future.

Hi Adam,

I am not an attorney and therefore can not give legal advice. What you are talking about is a trademark violation not a copyright problem. This topic comes up quite often here.

If you do a search (the search button is on the right hand side above the thread names) start with a search for tradename, you will find several answers. Then do a search for trademark. You will find more.

I think that when you see someone using a trademark in a URL, they just haven't been caught. Yet!

:-Don

It would be trademark infringement, not copyright infringement and the trademark holder can pull that domain from you and even sue you if they want to for using it.

If you really want to know, why not just drop an email to the company and ask them if you can use their trademark?

Here's a problem, you are confusing an "URL" with a "domain name". They can be the same thing, but in this case it's very important to know the difference.

A domain name is part of the URL, which includes files, pages and folders hosted on the domain name:

Google.com = domain name

Google.com/adsense = URL (which includes the domain name)

Do NOT put trademarked phrases into domain names. Some may get away with it, but they are at the mercy of the owner of the trademark, not a good way to build a foundation.

On the other hand, you can use the trademark in a URL, as long as it is to the "right" of the Top Level Domain (TLD), which is .com, .net, .org, etc.

So you can do this:
mysite.com/google.html
mysite.com/ebay/

But don't try:
ebaytips.com
googleseo.com

First off, great information and good distinction on that Kurt. It will be good for someone who doesn't understand the difference between URL and domain name in regards to this issue, but it doesn't appear that the OP was confused because he did specifically state 'domain name' in his post.

I would highly advise you don't do this. In most cases it's unlikely the trademark owner will come after you, but it's fickle. Imagine building a domain for 6 years only to have it taken from you. Really, not a good start.

However, I have seen one or two sites sold on flippa for $100,000+ with obvious trademarks in their names.

Again, it's entirely down to the trademark owner or their legal team.

Don't leave your business in the hands of other people.

Don't do it!

I had a domain with a brand name in it and I not only got asked to take the site down and transfer the domain to them, but it also cost me a couple thousand dollars for them to close the claim against me. They didn't just ask for the domain name to be taken down, they just went straight in and filed a claim.

I think in most cases you are just asked to transfer the domain to them, but not always so I would advise never to use a brand name or trademarked name in a domain name.

This isn't absolute proof, but let's look at this page at Wikipedia:

en.wikipedia.org/wiki/Ebay

Notice "ebay" in the URL and not in the domain name? Wikipedia does this for every topic, regardless of trademark, copyright, etc.

IMO, this is fine.

What about using ebay as a sub domain?
ebay.wikipedia.com

Sub domains are technically called "third level domains" and I don't suggest using any trademarks in subdomains, as they are technically domains. Which is why I posted that is has to be to the RIGHT of the Top Level Domain.

A little tech talk about domains.

To the right of the first dot is called a "Top Level Domain" or TLD. Examples:
.com, .net, .ca, .uk, .gov

Immediately to the left of the TLD is the "Second Level Domain" or what we call the "domain name". Example:
google (.com)
ebay (.com)


Next to the left of Second Level are sub domains or "Third level domains". Example:
news (.google.com)

In theory, you can add fourth level and beyond:
todays.fresh.news.at.google.com

Because of trademark laws, if you're using these types of keywords, IMO it's better to use directories than domains or subdomains. And make sure that your trademark keywords are to the right of the TLD, just like Wikepedia does.

Some other Wikipedia URLs containing trademarks I know are defended aggressively:
Playboy - Wikipedia, the free encyclopedia
NASCAR - Wikipedia, the free encyclopedia
National Football League - Wikipedia, the free encyclopedia

Again, this isn't concrete proof and is in no way a legal defense. I'm just sayin' for the sake of conversation.

Kudos on your excellent use of this forum; the best use of the WF is of course, to start threads on topics that you claim to only have idle curiosity about, and which the membership here is about as likely to be experts on as a random person you meet on the street.

Next you should start one asking how to learn just enough Kung Fu to be confident taking on several large bikers in a bar brawl. Just out of curiosity of course.