Question about getting my a$$ sued

NOTE: I have paid for and used HOST A (In my example) and I hated it. I think they suck.

So of course, I would be posting an honest review based on experience.

Erik

I believe it's actually pretty good. I believe not many people think about doing that approach.
It's a little greyhat though, and you have to look out when you register a domain name that contains a trademark, you could get into troubles, especially if you slam them in the face

I guess there are a few ways to look at it...

As long as you don't say anything that is ridiculously untrue or slanderous about the people who run it AND you couch it as your opinion having tried the product or service in question, you are entitled to an opinion. That's you as a PERSON covered!

If you use a trademarked name in a domain to slam them with a negative review and then PROFIT off of an affiliation to a competing product, then they could come after you for loss and damages. They'd argue that you "overstated" your opinion for personal gain.

In all likelihood though, the company who you've offended would give you an opportunity to stop and make good before suing you anyway. Once you received their letter you could always take the site down and be done with it.

I'm not a lawyer, so take that as a layman's point of view - if you want real legal advice, go see a lawyer.

I'd ask myself this though - is that the kind of "business" you want to run? Put aside the legal issues, why not try and market the positive aspects of the product you're trying to promote as opposed to crapping on the other guy? Its kind of like saying, "This other thing is so bad, that this thing is good by comparison." Not really flattering.

Why do that when you can just concentrate and writing a positive review of the program you're actually marketing? I'm not sure a negative review of an alternative will go over as well as a standard endorsement.

Why not to be affiliated with both, do a comparative review, using affiliate links to both sites. You will simply emphasize one over the other BASED on your own experience, but you still be within the limits.
It is not uncommon to see sites that are dedicated to trashing some businesses, but to take their name (in your domain), trash them and then blatantly recommend better service, that indeed seem like asking for troubles.

CAREFUL! Compare HONESTLY! State differences HONESTLY! But don't SLAM, make it sound unbiased. FORGET **YOU** had the problems. Otherwise, you may have BOTH hosts against you, etc...

It is like a program I just watched where a bunch of girls that were almost like tomboy types, belittled the cheerleaders, etc... They spoke of a CHALLENGE, etc... Basically, in 4 weeks, they wanted to beat the chearleaders in everything, as cheerleaders. Eventually, they determined that it would be better to compete alongside with no animosity than to compete AGAINST. Everyone got their way, had more respect, and they were friends at the end. At the beginning, they were practically ENEMIES.

Check out commercials, they usually talk about benefits, and compare, rather than slam any one competitor.

Steve

Sounds like trademark infringement and slander at the least, not to mention that you could launch your own site to sell this without resorting to such unethical tactics.

Hey Erik,

Obviously this isn't legal advice here as I'm not a lawyer, but I've seen a few cases where a few things here could land you in trouble:

1. Writing a simple review of one company trying to get affiliate sales is probably safe enough, but bashing another company (company B) to get sales to another (company A) could put you in a grey area where you're technically profiting off another company's trademark (company B's).

2. If you have company B's name in your domain, right there you're pushing into possible trademark infringement. It's one thing to do this on an honest review page where you don't have any sign of profiting (as in "paypalsucks.com"), but it's another thing to have "paypalsucks.com" and promote a Paypal alternative with your affiliate link all over it, as you'd be profiting off the other company's trademark, which is what trademark infringement is all about from my understanding.

I would suggest perhaps a safer alternative and either just writing a review on the one that you like, or getting a generic domain name (hostingreviews.com or some generic type name like that) and talking about what your favorite one is and why. If you talk about company B, I would also have an affiliate link to company B and make sure that it's not just a game plan of bashing all the other companies to promote company A in hopes of getting traffic to company A through the other company names.

- Koz

I am not an attorney, nor do I play one on the Internet...

Shouldn't you be seeking legal advice from someone more competent than myself or others on this forum?

Shouldn't you be seeking legal advice from an attorney, instead of from laymen?

Agree with the above, get the advice of a lawyer there are websites where you can ask a question to lawyers and pay them a certain rate depending on how detailed an answer you want. Or find a local university and see if they do 'street law' days.

Taking someone's advice who hasn't studied the relevant laws and cases (being they can change rapidly - at least with UKs common law precedent system - is likely to make you look a fool if such a case ever does arise "Mr X on such and such a forum told me it was legitimate" ...... NOT going to fly in court.

No amount of Pseudo-law or 'common-sense' will clear you.

You must be crazy for even thinking about it! Do not do this.

You want to rank for a company name with their trademarked name in the URL to talk negative about them?

This is financial suicide! You are lucky if you only get sued.

Find it really funny how many people think this is a good idea.

It's not, really.

Don't register domains with trademarked company names.

Just stick to Whitehat and you don't have to worry and you can build something with lonjevity.

A smart idea, but seems to be unethical. We are free to express out comments though but plain bashing doesn't help and you might get in trouble.

Andrea

I don't see a problem with this at all.

I'm no lawyer but I worked for a federal judge for 20 years and watched lawyers obliterate people and businesses because they could.
He who has the most money and the best lawyer wins 98% of the time.

My advice: Never do something you cannot adefend financially or morally.

I'd sue you --- and keep sueing you! If nothing else just to tie you up, watch you sweat, and drain you financially!

With your "The Dude Abides" tag line I'm going to assume that you aren't very long in the tooth. Bear in mind that there are a lot of crotchety old codgers with deep pockets that will viciously protect their businesses and their reputations. You are setting yourself up to learn some of life's lessons the hard way.

Why not avoid the stress and "abide" by flying above the fray.