Another Trademark question

8 replies
Hello all,

I know this has been asked a hundred times, but I just wanted your opinions on a slight modification of the idea.

I would like to promote certain products and I know there is an advantage with google (from a ranking/seo prespective), if you have the product name as your domain.

Now most of the times, this is not possible, as it would be a trademark issue having a product and company name in your domain.

However, I was wondering if the following is acceptable (i.e. not a trademark issue) and if anyone else has done this? I'll illustrate with an example.

Say i wanted to sell a product Samsung 42" tv and I found the keyword "Samsung 42 inch PN42C430" had some great searches.

Ideally, I would want the domain name:
(Sorry for the spaces in the url, I can't post links yet and I don't really want to post a link - just provide an example).

www . samsung42inchpn42c430 . com

so it would be a lot easier to rank for the keyword. however, this would be a trademark issue.

What if I did the following instead (provided the domain was available)?

www . 42inchtv . com/samsung-42-inch-pn42c430.html

I could also call my site (i.e. set the title, H1, etc) Samsung 42 Inch PN42C430

I'm guessing, while this wouldn't be as good as having an exact match domain, it would still have some advantage as it is quite focused on that product.

My main concern is that I would like to avoid the trademark issue and still be able to promote products while making the SEO as easy as possible.

Your feedback is appreciated! Thanks.
#question #trademark
  • Profile picture of the author GreenMachine
    Not that its really ethical but couldn't you just wait for the standard C&D letter that samsung will send you? In the mean time I am sure you will make some quick cash. This way you could really just test both formats and see if samsung finds it to be a trademark issue or not.. I'm a big fan of letting someone tell me that what I am doing is wrong... It's not like it's really your fault... just tell them some forum taught you that this is the best way... and if you get a C&D then take the site down
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    • Profile picture of the author Dan C. Rinnert
      Originally Posted by GreenMachine View Post

      Not that its really ethical but couldn't you just wait for the standard C&D letter that samsung will send you? In the mean time I am sure you will make some quick cash. This way you could really just test both formats and see if samsung finds it to be a trademark issue or not.. I'm a big fan of letting someone tell me that what I am doing is wrong... It's not like it's really your fault... just tell them some forum taught you that this is the best way... and if you get a C&D then take the site down
      And hope that all they do is send a C&D and don't sue, because if you're profiting by the use of their mark, they can do more than just issue a C&D.
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  • Profile picture of the author Bill Farnham
    Originally Posted by wyld187 View Post

    What if I did the following instead (provided the domain was available)?

    www . 42inchtv . com/samsung-42-inch-pn42c430.html

    I could also call my site (i.e. set the title, H1, etc) Samsung 42 Inch PN42C430
    This isn't legal advice, but I don't see why you would have a Trademark issue using www . 42inchtv . com with a page titled after the product name.

    I have a webstore where we retail almost 2500 items from about 200 brands and if I coundn't use the brand name on the page I don't know how I'd get sales.

    What you want to avoid is triggering the necessary defensive action required by companies to protect their Trademark from dilution. Having a TLD that uses a Trademark that is not yours is in clear violation. Using something as nebulus as "42inchtv" is not.

    So if I'm correct that you are asking about having a PAGE dedicated to the product as opposed to a WEBSITE than I think you should be OK. Especially if there are other brands listed on your website. Think 'review' type sites.

    Again, that's just my opinion based on experience, so don't give it anymore weight than it deserves.

    ~Bill
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  • Profile picture of the author tehnolife
    Banned
    Ok, people don't talk if you don't know. If you don't have have a brand name in your domain name then you are out of trouble!

    You can create how many pages with how many brands you want, because it's a page and you can do this!!

    So, if you have your domain name with a page www.yourdomain.com/samsung.html IT'S LEGAL!!

    But don't use a brand name in your domain.
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  • Profile picture of the author RichWill
    Just to cover your ass, you might want to check the Anti Cybersquatting Consumer Protection Act (ACPA). A lawsuit was just won by New York New York Casino from an individual for using NewYorkNewYork in his domain name. The owner of the domain name was fined $101,000.00. because of his alleged usage of trademarks owned by MGM and its property, he was found to have violated the ACPA, and was penalized. So, unless you can afford the fine, check it out first....
    Respectfully, Rich Wilens aka Mr Pro Se, your Internet Marketing legal specialist.........
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  • Profile picture of the author Danny Cutts
    www . 42inchtv . com/samsung-42-inch-pn42c430.html <<==== that is perfectly good way to build a domain name/site
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    • Profile picture of the author Kay King
      You can create how many pages with how many brands you want, because it's a page and you can do this!!
      Yeah - that works right up until you get a cease and desist saying "it has come to our attention you are using our trademarked name as the title of a file/page on your site....

      And YES it happens - and YES I've had it happen.

      Some companies go after everything - some don't - you don't know until it happens...or doesn't.

      That said - there are many sites with brand names in page titles and topics that do fine. Just saying - you decide whether to take the risk.
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  • Profile picture of the author Patrick Pretty
    This is not precisely on point, but it may provide some insight, given the topic of this thread.

    A federal judge granted an asset freeze Jan. 26 in a case filed by the FTC that alleged multiple companies and individuals were participating in an "immigration scam." Among the core allegations was that firms and individuals were duping people who wanted to become U.S. citizens into believing they were doing business with the U.S. government.

    The scheme allegedly married domain names that traded on the name of the U.S. government to a telemarketing operation.

    Before I go on, it's important to mention that three people were arrested as a result of the scheme. The FTC took the lead on the federal civil side; the attorney general of Nevada handled the criminal side, charging the alleged scammers under state law with Obtaining Money Under False Pretenses in the Course of a Technological Crime, six counts of Conspiracy and two counts of Criminal Racketeering.

    Part of the scheme, according to the FTC, centered on the registration of domain names such as uscis-ins.us and usgovernmenthelpline.com. On the telemarketing side of the things, the scammers allegedly answered the phone by using the name/acronymn of a government agency: USCIS, which stands for U.S. Citizenship and Immigration Service, part of the Department of Homeland Security.

    On a final note, it appears as though at least 14 law-enforcement agencies -- local, state and federal -- were part of the probe. The Better Business Bureau also assisted, according to Nevada authorities.

    Here is the complaint:

    Immigration Scam Shut Down by FTC

    Patrick
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