Can I use brandnames in my Domain?

67 replies
Hello fellow Warriors,

I was wondering if I can use brandnames and specific model names in my domain. For example www.sonyT100.com

Is this against copyright in any way?

Suzu
#brandnames #domain #domain brand #domain trademark
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  • Profile picture of the author sbucciarel
    Banned
    You can do anything you want but you are taking a risk that the company who owns that trademark will sue the pants off of you at worst or just send a cease & desist or file a complaint and take the name away from you. It's a trademark, meaning it belongs to someone else. There's only a few exceptions to fair use that are generally non-commercial use. There's other exceptions like your use has nothing to do with their product ... completely different ... as in apple.com and applepie.com.
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    • Profile picture of the author Steve Faber
      Originally Posted by sbucciarel View Post

      You can do anything you want but you are taking a risk that the company who owns that trademark will sue the pants off of you at worst or just send a cease & desist or file a complaint and take the name away from you. It's a trademark, meaning it belongs to someone else. There's only a few exceptions to fair use that are generally non-commercial use. There's other exceptions like your use has nothing to do with their product ... completely different ... as in apple.com and applepie.com.
      That has happened many times and cost people a good deal of work at the very least. Instead of just grabbing a domain with a product in it, either look at a different product or a different way of doing your SEO. You'll be better off in the long term.

      Those big companies don't mess around with this stuff if you become a big enough thorn in their sides. Which if you do, means that getting shut (at a minimum) down will cost you greatly indeed.
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    • Profile picture of the author CDarklock
      Originally Posted by sbucciarel View Post

      You can do anything you want but you are taking a risk
      Once again, Suzanne nails it.
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  • Profile picture of the author healingoasis
    Originally Posted by Suzucheng View Post

    Hello fellow Warriors,

    I was wondering if I can use brandnames and specific model names in my domain. For example www.sonyT100.com

    Is this against copyright in any way?

    Suzu
    Check here this should answer any questions you have.

    Cheers,
    H.
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    • Profile picture of the author Kay King
      Is this against copyright in any way?
      This has NOTHING to do with copyright so info on copyright won't help.

      This is a Trademark Registration problem - companies register their brand names for trademark protection.

      You need to do some reading and educate yourself about what copyright and trademark regulations apply - what they mean - and how they can affect you.

      kay
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    • Profile picture of the author davezan
      Originally Posted by healingoasis View Post

      Check here this should answer any questions you have.
      Or better yet, use the search box above. This question has been asked like a
      gazillion times.
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      • Profile picture of the author A P Geofrey
        Originally Posted by davezan View Post

        Or better yet, use the search box above. This question has been asked like a
        gazillion times.
        I was just about to say the same thing. Please people learn how to use the search option up there.
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    • Profile picture of the author PromoDirect
      Originally Posted by healingoasis View Post

      Check here this should answer any questions you have.

      Cheers,
      H.
      Thanks for the link it was extremely useful and it answers everything!
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  • Profile picture of the author Michael Franklin
    I've known quite a few people who have run into trouble using trademarked names in theie domain name....So I would highly advise against using them!
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  • Profile picture of the author Heavenstorm
    It is not worth the risk to do this. One option is to go around this for example www.awesomecamerasite.com/sonyt100
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    • Profile picture of the author joymarino
      Originally Posted by Heavenstorm View Post

      It is not worth the risk to do this. One option is to go around this for example www.awesomecamerasite.com/sonyt100
      I agree... it is not worth the hassle, after you put in hours of work on it. Heavenstorm's example is a great one.

      Good luck!
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  • Profile picture of the author socialbookmark
    You can register and own it but its risky and i don't suggest it. Its better that you register another domain and promote it using SEO techniques. Its better than accepting that risk.
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  • Profile picture of the author shurets1
    Originally Posted by Suzucheng View Post

    Hello fellow Warriors,

    I was wondering if I can use brandnames and specific model names in my domain. For example www.sonyT100.com

    Is this against copyright in any way?

    Suzu
    The better way is to create your own brand and then use it as domain name. I think you can not use famous brand names in domain name. For example like omani, if you register domain name with omani in it like omaniprofit.com, then you will receive notification from omani.

    Cheers
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  • Profile picture of the author razorhound
    It is not worth the risk, I had to transfer the domain to the company when I hit #1 spot with the keyword.
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    • Profile picture of the author Richard Van
      I've always steered well clear of this since it cost me a small amount of money a few years ago.

      What does amaze me is I bought a WSO very recently, by an extremely well known figure in IM who had an entire video recommending people to buy Trademarked domains. I wrote to the person in question who said the law is irrelevant, it's what the judge decides.

      I have no intention of going down that route again and I've spoken to Brian Kindsvater about it. That's my advice for anyone thinking of doing this - Contact a Lawyer.

      However, with major IM products, by very well known and verging on "famous" people recommending people do this, it's no wonder people are asking questions like this.
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      • Profile picture of the author CDarklock
        Originally Posted by Richard Van View Post

        I wrote to the person in question who said the law is irrelevant, it's what the judge decides.
        What the judge decides fits into a pretty narrow band in these cases, and the kind of people who go around saying "the law is irrelevant" almost never end up on the winning end of what the judge decides.
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        • Profile picture of the author Richard Van
          Originally Posted by CDarklock View Post

          What the judge decides fits into a pretty narrow band in these cases, and the kind of people who go around saying "the law is irrelevant" almost never end up on the winning end of what the judge decides.
          Agreed.

          I don't for one moment recommend anyone doing this at all, besides, if you're going into this with the mentality that you'll let judges decide these matters, you need some deep pockets to begin with.

          I was more amazed by the fact this information was being peddled the way it was. No wonder people are asking these questions when people in authority tell them it's fine to do. Before, when I saw these sorts of questions, I thought the people asking them were loopy, now I can understand why.
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          • Profile picture of the author Richard Tunnah
            Originally Posted by Richard Van View Post

            Agreed.

            I don't for one moment recommend anyone doing this at all, besides, if you're going into this with the mentality that you'll let judges decide these matters, you need some deep pockets to begin with.

            I was more amazed by the fact this information was being peddled the way it was. No wonder people are asking these questions when people in authority tell them it's fine to do. Before, when I saw these sorts of questions, I thought the people asking them were loopy, now I can understand why.

            ...and when you lose you'll get a nice bill to cover everyone's legal costs! Doesn't sound like a good move to me.

            Rich
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            • Profile picture of the author Hamida Harland
              Every time I research Amazon products I'm surprised at the domains that people have registered - most Amazon affiliates are blatantly using trademarked names. I'm guessing alot get away with it too.

              A friend of mine recently tried registering a domain with the word 'lego' in it. He got some sort of 'cease and desist' letter within a week.

              As much as I'm a fan of exact match domains, I wouldn't chance it. There are plenty ways of using relevant, targetted keywords in your domains without having to break the law.
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  • Profile picture of the author misterkailo
    I had been warned before by companies when I was using brand names in my domain. It is not worth the risk at all. I was making Made For AdSense sites. Made like few dollars from one but was threatened to be sued for over thousand dollars lol.
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  • Profile picture of the author niffybranco
    Would you like it if you spent thousands of hours and millions of dollars creating a brand only for someone to feel they can use your brand name in anyway they like without the decency of asking your permission in the first place ?

    Write the company and state your intentions if they permit you fine , if they do not choose a generic name that will not infringe on anyones trademark.
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  • Profile picture of the author imfusa
    I have a domain that contains a trademark, and i have it for 6 months, also it is on the first page on google.com for the keyword adwords, and it is a shop of vouchers, vcc's, and i did not get any mails from google.
    Also i have another domain that contains a trademark, this one i have for 3-4 months and it contains the keyword "google" in the domain name, and it is used for checking the pagerank.
    What can you say about this?
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    • Profile picture of the author niffybranco
      Originally Posted by imfusa View Post

      I have a domain that contains a trademark, and i have it for 6 months, also it is on the first page on google.com for the keyword adwords, and it is a shop of vouchers, vcc's, and i did not get any mails from google.
      Also i have another domain that contains a trademark, this one i have for 3-4 months and it contains the keyword "google" in the domain name, and it is used for checking the pagerank.
      What can you say about this?
      Because a shoplifter has not been caught does not mean he is not committing a crime , you are infringing on other peoples trademark plain and simple. If you feel your domains will stand the test of time try posting the same thing you posted on google's webmaster forum and see what happens .

      I also made the same mistake but once I found out what I was doing was wrong I registered new domains, did 301 redirects and when the domains expired I did not renew them.
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    • Profile picture of the author Richard Van
      Originally Posted by imfusa View Post

      What can you say about this?
      So you're getting away with it but then you come on a public forum and tell the entire internet marketing community about it. :rolleyes:

      As has been said, just because you're getting away with it now, doesn't mean you will in the future.

      Out of interest, I take it you asked a lawyer about this and you know for a fact what you're doing is ok? Or did you just go out and buy the domain without doing any research on the law?

      The latter I suspect.
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    • Profile picture of the author Richard Tunnah
      Originally Posted by imfusa View Post

      I have a domain that contains a trademark, and i have it for 6 months, also it is on the first page on google.com for the keyword adwords, and it is a shop of vouchers, vcc's, and i did not get any mails from google.
      Also i have another domain that contains a trademark, this one i have for 3-4 months and it contains the keyword "google" in the domain name, and it is used for checking the pagerank.
      What can you say about this?
      One day maybe this week, this month or this year you may get a cease and desist. You could also get a summons to court for cyber squatting. That is the real risk you are running.

      Rich
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    • Profile picture of the author Meharis
      Originally Posted by imfusa View Post

      I have a domain that contains a trademark, and i have it for 6 months, also it is on the first page on google.com for the keyword adwords, and it is a shop of vouchers, vcc's, and i did not get any mails from google.
      Also i have another domain that contains a trademark, this one i have for 3-4 months and it contains the keyword "google" in the domain name, and it is used for checking the pagerank.
      What can you say about this?
      Really?
      Well, let us know when you get sued and they take everything away from you, including your "dog's leash". If you have no dog, well, something less to worry about...
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      • Profile picture of the author paulie888
        Originally Posted by Meharis View Post

        Really?
        Well, let us know when you get sued and they take everything away from you, including your "dog's leash". If you have no dog, well, something less to worry about...
        Some people are just foolhardy and choose to blatantly flout the law. It's all fine and good until things come crashing down on them, at which point they cry foul.
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  • Profile picture of the author thegolfer
    It is a widespread practise, But " DO NOT DO IT " you are leaving yourself wide open to a big legal bill ! Guess who will win ?
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  • Profile picture of the author WAWarrior
    When in doubt, refrain... some companies spend millions on their marketing campaign; so it's unlikely that companies don't register their product names for trademark protection.
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  • Profile picture of the author FabianSmith
    Facebook has sent Cease and Desist letters to several people using domains with "Facebook" in them. I would not waste time building up a site that will likely be taken away for violating a trademark.

    Selling it to someone else would be unethical when you know it is just a matter of time before Facebook shuts it down. Just let it go.
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    • Profile picture of the author bross
      Don`t use it. Simple as that.. if you use sonyt100review or something that I think it`s okay, but exact name such as sonyt100 is not a good idea..
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      • Profile picture of the author Richard Van
        Originally Posted by bross View Post

        Don`t use it. Simple as that.. if you use sonyt100review or something that I think it`s okay, but exact name such as sonyt100 is not a good idea..
        But hasn't both of your examples got exactly the same Trademark in them? :confused:
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      • Profile picture of the author iAmNameLess
        Originally Posted by bross View Post

        Don`t use it. Simple as that.. if you use sonyt100review or something that I think it`s okay, but exact name such as sonyt100 is not a good idea..
        The only time I think it is okay to use a trademarked domain, is if it is something that can be used in an entirely different way. Even then, Richard Van and others are entirely against it, was a very long thread about this maybe a couple weeks ago and we went back and forth. Even with an entirely different usage plan for the domain, you still run the risk of a lawsuit.

        Product name, model number, whether you have the word review in it or not, you can face a law suit. It isn't a good idea.
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    • Profile picture of the author rosesmark
      Originally Posted by FabianSmith View Post

      Facebook has sent Cease and Desist letters to several people using domains with "Facebook" in them. I would not waste time building up a site that will likely be taken away for violating a trademark.

      Selling it to someone else would be unethical when you know it is just a matter of time before Facebook shuts it down. Just let it go.

      Mr Smith is right facebook gives the warning letter to those who are using the facebook domain name so be careful when you using perosnal brand names in your website
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  • Profile picture of the author Ant Marshall
    You CAN use it if you manage to stay undercover. But still, it is copyright technically and you probably will end up getting spanked. Go for a niche directly close to it.
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    • Profile picture of the author Richard Van
      Originally Posted by Anti View Post

      You CAN use it if you manage to stay undercover. But still, it is copyright technically and you probably will end up getting spanked. Go for a niche directly close to it.
      Hi Anti,

      As Kay King pointed out in post #6, it's actually nothing to do with Copyright, it's a Trademark Registration problem.

      I agree though, you will most likely get spanked in the long term, if not the short.
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    • Profile picture of the author niffybranco
      Originally Posted by Anti View Post

      You CAN use it if you manage to stay undercover. But still, it is copyright technically and you probably will end up getting spanked. Go for a niche directly close to it.
      Having that mindset is wrong , are you into internet marketing to make good money or to stay undercover ?

      A lot of people here have given the right advice which is do not do it. Create your own brand and market yourself in the proper way.

      Infringing on other peoples trademark is wrong. Besides having the product name as part of your domain does not mean you will rank for it.
      Register a proper domain name and build a proper business.
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  • Originally Posted by Suzucheng View Post

    Hello fellow Warriors,

    I was wondering if I can use brandnames and specific model names in my domain. For example www.sonyT100.com

    Is this against copyright in any way?

    Suzu
    Yea I'd stay well away from this. I read that Amazon even closed down an affiliates account because they found him breaking copyright laws like this. Better to just go for something generic.
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    • Profile picture of the author Kay King
      breaking copyright laws like this.
      Does anyone READ answers here? It is not copyright - it has nothing to do with copyright.

      Trademark registration is a different set of rules/law. The terms "copyright" and "trademark" are not interchangeable as they are not referring to the same thing.

      kay

      EDIT: The reason a company bothers to file for trademark registration is to keep others from using their brand name. The idea that you could put a site online and stay "under the radar" is crazy. If you want to use a trademark name, go ahead - but you are open to the consequences. Those can be having to take down your site - or you can end up in court.
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      • Profile picture of the author Meharis
        Originally Posted by Kay King View Post

        Does anyone READ answers here? It is not copyright - it has nothing to do with copyright.

        kay

        EDIT: The reason a company bothers to file for trademark registration is to keep others from using their brand name. The idea that you could put a site online and stay "under the radar" is crazy. If you want to use a trademark name, go ahead - but you are open to the consequences. Those can be having to take down your site - or you can end up in court.
        Kay,
        Apparently they don't. On top of that they also ignore the help being given.
        This kind of thread comes around about every two weeks or so.
        My posting # 51 reflects that.
        Meharis
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    • Profile picture of the author jmbare
      Hey guys,

      I've been reading this forum and kind of in the same dilemma. I've read a few places about using trademark names in domain names...personally, I don't want to do that. But, I have a question related to the same topic. Can we elaborate on the review side of it. For example, HTC has the Evo phone. Would evoreview.com be legit or even evophonereview.com? Like to hear more thoughts on this.
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      • Profile picture of the author Kay King
        Adding a word or two does not mean you are not violating someone's trademark.

        There is nothing much more to add - using a trademark in a domain name can have consequences. Doesn't matter why you are doing it or how many words you add to it - you choose the risk if you use a brand name.
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  • Profile picture of the author George Curtis
    Here's a "work-around":

    Don't use the brand name, but use the MODEL NUMBER instead.

    Example: Let's say Sony has something called the Sony MX400.

    You could reserve the domain name MX400.com or MX-400.com.

    Typically, companies don't trademark model numbers.

    Now are you TOTALLY ok using this strategy? Just sometimes.
    Really depends on the product and manufacturer...and how
    agressively they go after things like that.

    By the way...I have done exactly this and never had an issue and have
    managed to rank very highly because of being able to have the domain name of the product number, which gets targeted traffic because once they are typing that into
    Google...typically they know exactly what they want and may now be looking to buy.

    Good luck.
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    • Profile picture of the author Kay King
      Now are you TOTALLY ok using this strategy? Just sometimes.
      Really depends on the product and manufacturer...and how
      agressively they go after things like that.
      You can always tell the judge that a guy on a forum said it was OK. That should protect you. j/k

      You might get by with using model numbers - and you might not. I've had to take down two ARTICLES on sites because I used the brand name in the title of the article (the articles were reviews of those products). The abuse of trademarks online has led many companies to be more aggressive in protecting brand names.
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      Dear April: I don't want any trouble from you.
      January was long, February was iffy, March was a freaking dumpster fire.
      So sit down, be quiet, and don't touch anything.
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  • Profile picture of the author tritrain
    Originally Posted by Suzucheng View Post

    Hello fellow Warriors,

    I was wondering if I can use brandnames and specific model names in my domain. For example www.sonyT100.com

    Is this against copyright in any way?

    Suzu
    Not unless you like the risk of being sued.

    Don't do it.
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  • Profile picture of the author Shirlyn
    I must if this is your niche then it would definitely work for you.
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    • Profile picture of the author Liesel
      [DELETED]
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      • Profile picture of the author Liesel
        "I was wondering if I can use brandnames and specific model names in my domain."

        It's very simple. The answer is NO.
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      • Profile picture of the author Steven Dybka
        Not a good idea to do,you will work very hard to get your domain to the top and then have it all taken away in a flash,don't bother
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        • Profile picture of the author Mgriff
          Yeah, not a good idea. It's definitely not a long term business plan. You will probably get away with it in many cases, but you really run the risk of being sued or at least losing all of your work.

          You are better off trying to create an authority site with a general domain where you can promote multiple different TV models or whatever niche you are in. Thats a long term business plan.
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  • Profile picture of the author ryanzona
    First domain I ever bought had big company name as part of it, not all of it. This turned out to be a mistake. They send me letter to remove it, so I did. Fortunately, I had not spent much building site yet.
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  • Profile picture of the author LauraJames
    Please do not even consider if you can, or may, do this. Just don't do it. It is not worth the risk at all.
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    • Profile picture of the author azam
      It's illegal.

      And if that's not a good enough reason in itself, if it involves a big name like Sony, they will definitely come after you the moment you appear on their radar. Of course, that might not be immediately -- more likely just when your site starts doing well!
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      • Profile picture of the author Jeff Henshaw
        Write the company and state your intentions if they permit you fine , if they do not choose a generic name that will not infringe on anyone's copyright.
        Exactly - apart from the reference to copyright!

        If you are in any doubt, then contact the company. If they are a 'big' organization or a multinational then they will almost certainly refuse, as they would not want to risk a third party causing damage to their brand (even unintentionally).

        If they are a small company and you are using your chosen domain to promote their products or services, then you might get lucky and get permission subject to strict terms of use. Usually, however, they will refuse too.

        The point is to ask and get a response in writing.

        Just my thoughts,

        Jeff.
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      • Profile picture of the author neojr
        DO NOT do it! You may be sued if you do it.
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      • Profile picture of the author Huzefa
        Take it from someone who's experienced it, Don't do it. I had registered a domain name with "Ebay" in it and I got (a seemingly polite) mail from them after a week or so to stop using the site or we'll quite simply sue you.
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  • Profile picture of the author Mike McAleer
    since this is an exact model # i think that would be troublesome although it would be a good amazon review site for people searching for that specific model. If sony wants to, they can tell you to drop the domain instantly.
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  • Profile picture of the author omk
    Sure. Just be prepared to lose your site one day! Stay away from it. If you can, use a name or word that is similar or linked. This way you can still have that link to the brand that you want to target.
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    • Profile picture of the author thedog
      What about serial numbers?

      I'd never use a trademarked name in my url, but always thought a serial number was ok.

      I have a new site that uses one, and is nowhere to be seen on Google.... in another thread someone suggested that I could get banned from Amazon for using a serial number
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  • Profile picture of the author shireen
    Hi:

    Better don't do this!

    A few years back I've registered a domain "ebaysellingsystem.com".

    After a few months, I receive a long legal email from eBay.

    Avoid! Avoid...
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  • Profile picture of the author netomax
    I have a domain name playstations.info do you think I can go with it or just forget it ?
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  • Profile picture of the author basickno
    Not recommended. You should choose domain to promote the niche and not the product. You can better promote product based on niche rich domain.
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  • Profile picture of the author Kom
    One day

    Maybe someone will sue each other because of this, so from now you maybe more carefull to make your baby name. Makesure not the same.

    "warning smoking causes lung cancer,heart disease,,and blablabla..."
    Think..this How many people die from cigarete, the company still make more and rise the price...

    what about that?
    ps. dont play with fire if you dont want get burn.
    Kwkwkwk...
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  • Hi
    I have started working on my site: All About Google - Google Tips & Tricks I plan to write about all google product updates. So i can face some legal issues??
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  • Profile picture of the author executed
    Yes you can use unless go against the brand.
    As per the TradeMarks Act 1995, the proprietor of an authorized trademark is given the right to solely utilize that trademark they authorized or nominate others to use it for those goods or services (e.g. permit the utilization to others).
    They additionally have the right to take initiative against individuals who utilize it without authorization. In this way, if it appears reasonable, not, legitimate, not, right, or wrong, the organization has the right to confirm who can and cannot utilize their trademark as a part of such a way.
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  • Profile picture of the author hustlinsmoke
    I don't think Dolly Madison will mind.
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