Are there any legal issues using company names/trademarks in a domain?

The short answer is, yes you can do it, but if there was legal action (for whatever reason) you'd lose.

Most companies turn a blind eye to this sort of thing if you're promoting their product though.

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whateverpedia 16 years ago

Originally Posted by MayfairNoble

The short answer is, yes.

The short answer is no. Don't do it. At all.

Most companies turn a blind eye to this sort of thing if you're promoting their product though.

Most companies will do everything they can to protect their trademarks and brands, whether you are promoting their products/services or not.

If anyone was stupid enough to actually take your "advice" YOU could actually be sued by both the company and the person who took your "advice".

And you would lose.
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Always-A-Warrior

16 years ago

A huge ... NO! - You'll lose the name and register fee GUARANTEED! so don't do it.

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The Copy Nazi

Banned 16 years ago

yep. Don't. I was silly enough to use "FarmvilleSecrets" in a URL for a - of all things - a Farmville Secrets site - until I got a "cease and desist" letter from their lawyers.

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BloggingPro

16 years ago

Originally Posted by Metronicity

yep. Don't. I was silly enough to use "FarmvilleSecrets" in a URL for a - of all things - a Farmville Secrets site - until I got a "cease and desist" letter from their lawyers.

I've been curious about this for a long time. Did you have who-is protection on the domain? If so how did they get your address to send you the letter?

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WillR

16 years ago

Originally Posted by BloggingPro

I've been curious about this for a long time. Did you have who-is protection on the domain? If so how did they get your address to send you the letter?

If you are breaking the law they will get your details from the hosting company or domain registrar. Who Is protection doesn't protect you when the law is involved.

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BloggingPro

16 years ago

Originally Posted by WillR

If you are breaking the law they will get your details from the hosting company or domain registrar. Who Is protection doesn't protect you when the law is involved.

I figured as much, but still wasn't sure. Thanks for the feedback. Bottom line to the OP I think is just don't do it. It's not worth the risk. You may not get sued, but they will take your domain. It's going to be a lose-lose when you eventually get caught.

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seasoned 16 years ago

Originally Posted by BloggingPro

I've been curious about this for a long time. Did you have who-is protection on the domain? If so how did they get your address to send you the letter?

It's illegal to be 100% anonymous on domain name ownership. Punishment allowed for that, via icann, is forfieture of the domain name! And YES, it HAS happened! It happens if there is an audit, by icann, and sometimes if there is a complaint. They put that rule into place a LONG time ago, because so many names had garbage whois info. So the registrar is supposed to facilitate such communications. ALSO, the new, actually several years old, standard may allow icann and verisign to see your real contact info anyway.

ALSO, the courts CAN subpeona records! If you think that meager payment will get godaddy, etc..., to break the law for you, you are just wrong.

BTW....

Why listen to anyone here? Why even listen to kindsvater, even if he IS a lawyer! YOU signed a CONTRACT that said you would NOT violate tradmarks! WHEN? HOW? When domain names, under the control of icann, are sold, it is REQUIRED that you be given a copy of the UDRP and that you agree to it. HEY, NOW might be a good time to read it! http://www.icann.org/en/udrp/udrp-policy-24oct99.htm Read section 4(b). TECHNICALLY, you would be violating 4(b)(iv). SOME here have tried 4(b)(i) and 4(b)(ii), or even 4(b)(iii). BTW this affects .us,.com,.org,.net, and some others, but other domains have similar rules.

Steve
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- Guardian Angel 16 years ago
  
  Thanks Seasoned, I really wonder how many internet marketers know the law as it relates to this type of business activity. It's pretty easy to set up, actually too easy. I am willing to bet that most just start and never bother with legalities or even think of it. Maybe I'm just too paranoid, but I would feel much better if I knew for a fact that I was conducting business legally or at least with very little risk of any lawsuit. Please warriors feel free to share your thoughts on the risks of internet marketing. Does anyone have any information or e-book that addresses this issue? I know I haven't seen anything that talks about internet marketing and the law.
  
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Derek Allen

16 years ago

I was going to comment but I think you got your answers. Heck, I'll say it just to make sure...

Never Ever Do It! It's a potential waste of time, money, energy, and can be a huge headache.

Save yourself the grief.

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Steadyon

16 years ago

Amongst other reasons, companies create trademarks and well known brands to help them distinguish themselves in the market place.

Any company worth its salt is legally obliged to enforce wrongful use of their trademarks.

There may be various "fair use" of trademarks. Sometimes companies turn a blind eye if someone has registered for example microsoftsucks etc...

Mainly because it can create more bad PR if they attack someone who has customer care grievances etc...

But if you were trying to make money from it, they would definitely attack you regardless of the reason once they track you down.

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sirkaliber

16 years ago

Don't do it, babes!

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prmoise76

16 years ago

Yes Derek you are so right. I been there.

Blogging pro. the lawyer will contact the people where you bought your domain and the domain people will contact you and give you a week or two to get back to them or else. I just wish there was a way when you go and trying to buy a domain and the registrar would tell you no you can't buy that domain. But again they are there to make money.

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davezan

16 years ago

Originally Posted by prmoise76

I just wish there was a way when you go and trying to buy a domain and the registrar would tell you no you can't buy that domain. But again they are there to make money.

Plus it's not practical for the registrar to screen out domains resembling TMs.
Not to mention your choices would've been possibly and unnecessarily limited,
considering there are exceptional situations where you can still use a domain
without infringing its trademark namesake.

Originally Posted by Itachi

i did .. but noone mention if they were affiliate with that brand or were just trying to profit from it , i think there is a difference here .

Some companies' affiliate programs expressly don't allow users to use their TM
in their domains, even though affiliates stand to "give more business to them".
Besides, aren't you potentially exploiting traffic of users who wanted to search
for the trademark holder in the first place, which is generally not allowed?

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WillR

16 years ago

I learnt this lesson years and years ago when I first got started. I've never put the words rosetta stone in any of my domains since. It's not a great feeling when you get those letters from their lawyers.

Ah well, we live and we learn. Don't do it!

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Rexona

Banned 16 years ago

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Itachi 16 years ago

but for exemple if im an affiliate of like let's say amazon , can't i use a brand name/product model in my domain name either ??
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- Kay King 16 years ago
  
  There are no excuses that protect you - read the answers above.
  
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  Itachi 16 years ago
  
  i did .. but noone mention if they were affiliate with that brand or were just trying to profit from it , i think there is a difference here .
  
  also while im at it , a trademark would be a product name ?
  
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Quentin

16 years ago

Absolutely.

Use company names or trademarks and you get sued.

Pretty simple really.

Q

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Giftys

16 years ago

Itachi, a trademark is a name, phrase, logo or picture that a company has staked a claim to. This happens either through common law (they were the first to use it) usually notated by a TM but the TM doesn't have to show for their legal protection, or through registration. We've all seen the R symbol, the one with the circle around it.

If you mess with someone's property rights (which a trademark is), they have a legal right to come after you. It doesn't matter if you're profiting from it or not. The best way to think about this is not from the standpoint of "I wonder how I can use it without getting caught." but, "If this were my property, would I want someone else to start using it without my permission?"

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Matt Morgan

16 years ago

Originally Posted by Guardian Angel

Hi Warriors, I'm new to the forum and was wondering if we can we use company names or trademark names in our domain? Example, if I was to promote Garmin Nuvi Gps's, can I use the Garmin or Nuvi name in my domain if it was available? Are there any legal issues using company or product brand names,trade marks in our domain? I am always concerned that if there ever was a lawsuit against the company or trademark that I could possibly be dragged into the lawsuit as an affilate. If we add a disclaimer that this is an affilate site and not affilated with the company, are we safe? :confused:

No pick an alternative name which donesnt have the name of the company in.

There are issues, which is why some footbal games have 'variations' of the peoples names in.

Matt Morgan -> Mett Margen

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Itachi 16 years ago

well that's sad , how can i find a good domain name that has somthing to do with it then .. especially for the amazon products :rolleyes:
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- TrekkieGrrrl 16 years ago
  
  Originally Posted by Itachi
  
  well that's sad , how can i find a good domain name that has somthing to do with it then .. especially for the amazon products :rolleyes:
  
  Use what the product is, not the brand name.
  
  Don't use "K*ndle" - use "electronic book reader."
  
  Don't use "iP*d" - use "portable music player"
  
  (or whatever search terms people are using for a particular item)
  
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- Ian Varnava 16 years ago
  
  Originally Posted by Itachi
  
  well that's sad , how can i find a good domain name that has somthing to do with it then .. especially for the amazon products :rolleyes:
  
  You're right, there's no other way to do it. I guess you won't be able to make any money online.
  
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  Itachi 16 years ago
  
  thanks trekkie for your very useful advice . , and the other guy , i guess you wear well your name
  
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Guardian Angel

16 years ago

Great, thanks for all the replies. I kind of figured that there would be an issue but wanted feedback from some seasoned warriors. I gather that using generic terms like GPS, Plasma TV in a domain would be fine for promoting Amazon products? Can trademarks, company name, brand names be mentioned when writing a review,press release or any other traffic generating method when promoting Amazon products?

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Ben Armstrong 16 years ago

I just want to add one thing... If you're working as a direct affiliate for the company in question (ie. not through a 3rd party like Amazon) then you may be able to use their trademarks but always email them to ask first.

I know of one company who's trademark and copyright spiel makes mention that their name and the names of their products may only be used by them or their affiliates. I never got around to promoting their product so I didn't email them to clarify this but it's something to consider.
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Sparhawke

16 years ago

You might be interested in this and the post it directs to; while it specifically mentions US laws for domains and trademarks it is good practice for anyone in the world.

NamePros.com

Hiding your who-is will not make a blind bit of difference either, so you can't use that tactic to illegally squat lol

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feliciayapsl

16 years ago

The worst case scenerio is that you will receive a letter from them to transfer your domains to them.

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Michael Oksa 16 years ago

Originally Posted by feliciayapsl

The worst case scenerio is that you will receive a letter from them to transfer your domains to them.

No, the worst case scenario is that they won't feel like dinking around and will sue you. I would say your example is the BEST case scenario.

All the best,
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garyk1968

16 years ago

Yep absolutely no no!

I have first hand experience of this in 2010 when using a trademark term even though my site was offering enhancements to the core product. The organisation (who are massive) issued me with a warning from their legal department. The site was 2 years old and well promoted. I agreed to their conditions and to be fair they gave me enough time to get a 301 redirect going for a couple of months which helped. Do NOT do this!

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Agep_flippo

Banned 16 years ago

BUt what is about FB.com case? facebook bought this domain from its owner for $8.5 million.. source Ubergizmo

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davewebsmith

16 years ago

Personally - I say do it .... if nothing else we did warn you - this type of post is all over this forum. Im confused by the persistance of some posts trying to justify why they should do it ...

I recall one about the word "Kindle" and Amazon ...

Try use google - i did and one simple search reveals ...

trademark breach website lawsuit - Google Search=

Facebook suing Lamebook for trademark infringement

But hey ... buy the domain and put all the effort in ... and run the risk of losing it all ...

Thats not very sensible at all ...

Interesting Read ..

http://www.digitaltrends.com/computi...-word-face-tm/

Facebook trademarks the word ‘face’ (TM)

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Globy

16 years ago

Yes, there are several issues.

According to Copyrightswolrd's Legal department, when a company registers a trademark (a logo), the sound and visual representation of it is equally registered and protected.

This is true, if the company has done the global registration, not only the local one.

So, no one can use the name or the visual aspect of a registered trademark in any form.

Regards

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kindsvater 16 years ago

Originally Posted by Globy

So, no one can use the name or the visual aspect of a registered trademark in any form.

Completely not true. Moreover, 'Copyrightsworld' does not give you any legal rights. Might has well mail yourself a copy of your work in a sealed envelope. In other words, save your money.

Anyway, we're talking trademarks here, not copyright. Two different issues.

Basically, as usual, a ton of garbage on this thread. It depends on what the domain is and what the website is about. No one can divine any opinion without knowing this information.

For example, for a product called Garvin these will be a problem:

garvin.com
officialgarvingps.com

If your website sells Garvin products, this will probably not be a problem:

garvinsforsale.com

If you hate Garvin this is a possibility:

garvinsucks.com

If you have a funny site with pictures of mistaken GPS directions:

garvinfunnydirections.com

If you repair Garvins:

garvinrepairshop.com

In other words, there are many legal ways to use a company name or trademark in a domain. Myself, I have hundreds of such domains.

A trademark does not give a company monopoly rights preventing any use of their trademark. The purpose of a trademark is to avoid consumer confusion as to who is responsible for a product.

Otherwise, no one, such as Best Buy, could sell Garvins without mentioning the product name. How is that going to work? Heck, I wouldn't even be able to mention Best Buy.

The big problem you see over and over with trademarks is getting a domain just of the company name, or improperly using a website. For instance, if your name is bobgarvin it would be one thing to have garvin.com with your personal blog, but quite another to have gps listings with Adsense ads that naturally showed Garvin products.
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- Guardian Angel 16 years ago
  
  Thanks for your response. I am just getting started with internet marketing and always wondered if selling online could expose me to possible lawsuits. If a company was ever sued by a consumer could an affiliate ever be dragged into the lawsuit for selling the product or if an affiliate nework was ever sued can affilates be named in the lawsuit as well? How do we protect ourselves and personal assets from such lawsuits? Should this be a concern?
  
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- davewebsmith 16 years ago
  
  I'd rather seek a professionals advice on the points above thanks
  
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WILLIELOITER

16 years ago

YEAH DEFINATELY WILL CAUSE YOU ALOT OF TROUBLE! I would not suggest it.

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goingup

16 years ago

Some things in life are worth taking a chance on.
This is NOT one of those things.

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Jake Gray

16 years ago

About the WHOIS.

That is to protect you from other people finding out your personal information. WHOIS does not disable the government from finding information on you. It takes a court subpoena and they got you. If the domain has a copyright or trademarked name in it, chances are you'll get legal troubles finding you very quickly.

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Teez

15 years ago

So basically this just turns a whole of what I read in the Xfactor niche marketing book on its head.

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Azarna 15 years ago

There is a simple solution to this... write to the relevant company and ask if if it is ok.
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sbucciarel

Banned 15 years ago

This has been discussed so many times, that if you just click on Search and type in
Trademark domains, you'll get all the answers you need.

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Teez 15 years ago

Originally Posted by sbucciarel

This has been discussed so many times, that if you just click on Search and type in
Trademark domains, you'll get all the answers you need.

Oh I have done that Suzanne infact most of the threads on trademarks

Have a lot of wisdom from you Im defo not doing it now.

I was just venting more than anything as I was a big fan of the Xfactor way (obviously without using the exact template) and I had intended to upgrade to MNF 5 but this Trademark issue has kinda downgraded that a 50/50 expense for me now.

But I see it this way

(Obama speech mode activated)

''Your online domain is your online business or even your online company,
Why name your company after another company already in existence, it doesn't work in the long run and it doesn't give you a company.

What it does is give you short-medium run business named after somebody else at best you are a Hollywood Elvis impersonator.

So in conclusion go for the genric phrase,
Use meta tags and back link with the exact key word phrase of the product you wanted to sell.
Build your online company/business that way.

GOD Bless WF
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Entrecon

15 years ago

I think part of the problem is that not everyone fully understands the internet and they are trying to place laws meant for the brick and mortar world or physical printing into the frame of the online world. It is like trying to apply laws meant for the horse and buggy to our current automotive society. Not to mention that the internet spans multiple countries and multiple legal jurisdictions.

I just looked and there is a magazine out there called iPhone life and they have a matching name, is that dime kind of infringement? It isn't like they are hiding.

If I own Facebookortwitter.com am I infringing? On who? It has 2 distinct companies in the name so it world be pretty obvious that it want owned by one or the other of them.

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Kay King

15 years ago

If I own Facebookortwitter.com am I infringing? On who? It has 2 distinct companies in the name so it world be pretty obvious that it want owned by one or the other of them.

Sure - and do you think if you use my valuable trademark name I CARE what you think is "obvious"?

You can do what you want - with or without legal advice - as long as you accept that if you are called out on it - you're on your own. Doesn't matter what others have done or what they told you was worth trying.

There are layers in the trademark laws - but most IMers don't have the time and money to fight for the right to use a trademark in their 10 pg niche site.

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thesnakeman

15 years ago

Most is covered above, but in simpleton's terms, you cannot use a registered trademark in any way for the same kind of or similar business to the trademark owner's trademark claim.
Often trademark owners have claims far wider than their obvious business and/or similar trademarks not generally known.
We have a lot of trademarks that are both similar and cut across a wide swag of business-types to ensure that when people look for us, no one is operating in a deceptively similar manner.
By way of example here in Australia, I own the trademarks "snake man" and "snakeman" because of the obvious incentive of others to use one, if I had only registered the other.
While you can check trademarks registers, thing get complicated in many areas where there are both state and federal trademarks (e.g. USA) and hence the advice is if in doubt, be prudent and don't infringe.
All the best

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Flyingpig7

15 years ago

Hi Guardian Angel,

There is a possible way around it, you mention the example of Garmin or Nuvi these are brand names so don't use them. However there is nothing to stop you using product numbers with a genric like car sateillite navigation system ( or find a shorter way of saying it). I've known people buy domains like this and not been affected by a Cease and Desist order as far as I'm aware. (not done it myself though as I don't sell product type review websites).

If I'm way off beam here I'm sure others in the thread will tell me:-]

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Jonathan Joseph

15 years ago

Hi there,

Although I studied law in College, I am no lawyer. So I can't give you advice here, but I can write what I would do.

What I would personally do is write an email and ASK the company that you're promoting if it's OK to add their name in your domain. If they agree 'on-paper' (ie: the email, or a letter), then you should be OK. If they decline, then don't do it.

However for the most part, even if I were to enter in the actual product itself within my url, ie: "bestGPS.com" then that should be OK. Since you wouldn't be declaring a product brand name. Which I would think is an ENTIRELY different thing.

Before you do anything, check with them. And get it in writing!

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powerofschool

15 years ago

Many people lost there domains due to this reason.
If you are using there name in your domain name , there would be many problems.

If you are using the same business than they will file a charge.

And some times, if you are not using there business ideas also you may loose your domain in the court.

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jkaintplayin

15 years ago

What do you guys think about this:

I want to promote my new hip-hop single called "Nikes or Adidas." It's about the shoes and I would like to promote it by having a poll on nikesoradidas.com, asking what brand people prefer.

What do you think about using the domain "nikesoradidas.com"?

I've heard people say companies will make you delete it if they find out but I was only planning on having this poll last a month or so at most. Also, I'm giving my music away for free so even if it got popular (enough for them to take notice) what would they then take from me?

I plan on having a link on "nikesoradidas.com" that says "If you like this, check out the mixtape here-->"

and then lead them to my website where my mixtape would be available for free download.

Could someone please tell me what I am putting myself at risk for with this? Obviously they could not obtain rights to the song because of free speech, but would they have any right to anything like my persona, likeness, images of me etc?

Any input on this would be greatly appreciated. Thanks guys.

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davezan 15 years ago

Originally Posted by jkaintplayin

Could someone please tell me what I am putting myself at risk for with this?

Trademark dilution and likelihood of confusion, especially using famous marks like
Adidas and Nike. Expect to hear from their lawyers if you push through with it.
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Are there any legal issues using company names/trademarks in a domain?

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