brand name in domain name?

by bigg01
33 replies
hi guys,
i know that brand name in domain name is illegal, but what about this. if i wanted review site say about iphone4 and had domain name iphone4review.com
is that ok? or still illegal?

thanks

martin
#brand #domain
  • Profile picture of the author Alex Copeland
    That domain still has the brand name in it... so still no good.
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  • Profile picture of the author Martin Gram
    I use to do a similar trick with P90X training systems where I simply just mixed up the words. I was kindly asked to sell them the domain name.

    It depends on the company rules if they have registered the names or not, some companies actually do allow you to use their brand name in order to promote them.
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    • Profile picture of the author bigg01
      i was actually thinking of contacting the company and ask if it was ok. it might be a good idea... thanks for your answers.
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  • Profile picture of the author Smokin Joe
    Apple is gonna not like you. i can see the C & D letter now. They are VERY VERY picky about their Mark.
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  • Profile picture of the author bigg01
    it is not apple, it was just an example. i was thinking about one of the smaller brands. i know, apple wouldn't even read my email
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  • Profile picture of the author jgand
    I can tell you that if you contact the company and ask them if its ok. They are not going to be ok with it. Would you be ok with someone else adopting a brand name you built up? You should find a way around it and skip using the brand name. You don't want to mess with Apple.
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  • Profile picture of the author ZILLIONAIRE
    i once owned a family guy website and i was contacted by Fox's network legal department saying that they were taking legal actions against me and i was suppose to compensate them $100,000 for each item that broke the copyright law found in my website.ironically my website was still new. i immediately deleted the website and the domain name. the tone of that email wasn't friendly at all!
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    • Profile picture of the author Vish
      Personally I always recommend staying away from brand or established company names in your domains.

      Unless you want to be hit with a C&D - Yikes!

      Sometimes you can get away with smaller brands but for how long?
      I would never do it personally and I don't anyone should...

      If you're going to put a penny or a minute into something, why risk anything for a fast buck?

      I have no problems using brand names in my article and page titles as long as its not in the root domain domain. That's another thing all together!
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  • Profile picture of the author sbucciarel
    Banned
    Originally Posted by bigg01 View Post

    hi guys,
    i know that brand name in domain name is illegal, but what about this. if i wanted review site say about iphone4 and had domain name iphone4review.com
    is that ok? or still illegal?

    thanks
    martin
    Doesn't matter what you put in front of it or behind it. You generally can't use iPhone or other trademarks in a domain name without risking losing the domain, getting a cease and desist or even getting sued. There are exceptions, but is it really worth the risk?
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  • Profile picture of the author ahmadbasyir
    How about a domain consist facebook or twitter?
    Like twitterfly?
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    • Profile picture of the author Kay King
      I don't understand why there are so many threads about using trademarked brand name that include "I know you aren't supposed to do this, but...." Why not just put a period before the "but" and not do it.

      Do it at your own risk. You may have to take your site down - you can end up in court even if you take the site down if the company is one that pursues trademark violations vigorously. It can be expensive - can you afford it?

      Are there exceptions? Of course there are - but check with a lawyer before you interpret what you "can" do. Or take the risk and any consequences that ensue.

      kay
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    • Profile picture of the author Meharis
      Please, stop taking away precious Server Space.
      What part of Do Not Use Trademarks You Don't Understand?
      If you do, you'll end up broke. Consult a Lawyer first.
      Meharis
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    • Profile picture of the author sbucciarel
      Banned
      Originally Posted by ahmadbasyir View Post

      How about a domain consist facebook or twitter?
      Like twitterfly?
      Give it a shot and report back when Facebook and Twitter send you a cease and desist. Facebook is particularly aggressive in defending its trademark.
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  • Profile picture of the author Giftys
    Ask yourself if you'd want it done to you. If you use the Golden Rule in all your decision-making, you'll never go wrong.
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  • Profile picture of the author Aussie Edwin
    Using a Brand Name is a BAD IDEA

    If you go rob a bank of the money you will end up with lots of money

    BUT

    You are going to end up paying dearly for the money when you get caught.

    Using Brand names is no different
    You might make a few easy quick bucks but again you will end up paying dearly for it when caught out.
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  • Profile picture of the author Andrea Wilson
    I dont think you should risk in buying a trademarked domain name unless that is a clickbank product. No Facebook, no twitter or even apple products.

    Andrea
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  • Profile picture of the author Alex Copeland
    Or ebay etc... they all chase down any trademark violations pretty heavily.

    The simple fact is there are enough domain name variations out there without using a trademarked term that it just isn't worth the hassle IMO.
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  • Profile picture of the author Suzucheng
    Best not to put your site at risk.
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  • Profile picture of the author PR0VIDENCE
    Banned
    There is no way around a trademark term. I have even heard of people having domains pulled for misspellings of trademarked terms. If they go that far out of their way, they will bust your trademark that is a clear violation.
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  • Profile picture of the author chumpschimps
    Why invest time, effort and cash building a business on rocky foundations, especially when it could cost you so dearly?

    There are so many alternatives you can use in your domain name and still maximise keyword searches. It's pointless taking so many risks - not only could you lose your site but you could land yourself in a whole heap of trouble.
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  • Profile picture of the author kootie
    Okay so I just got panasonic(modelname).com... and was going to do a mini review/ Amazon on it. What can I do with this sexy ass domain name now? I mean.. anyway I can do to monetize? haha.

    Or can I just try the review thing and cross my fingers! There are a decent amount of sites out there with EMD's but usually with a 'review' after.
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    • Profile picture of the author davezan
      Originally Posted by kootie View Post

      Okay so I just got panasonic(modelname).com... and was going to do a mini review/ Amazon on it. What can I do with this sexy ass domain name now? I mean.. anyway I can do to monetize? haha.
      While this one's in the Chinese language or so, this administrative dispute ought
      to show that Panasonic may take action if they see fit:

      UDRPsearch - WIPO D2011-1468 - Panasonic Corporation | guangzhou hua du kaidiwei dian zi chang(

      Also in other news, Sony Ericsson shut down review site xperiablog.net. Actually
      they might stand a chance if they can afford it, but they chose not to fight.

      As tdbasha said, it ultimately depends on who you're dealing with.
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  • Profile picture of the author Akogo
    I have a brand name in one of my domains for years and never had any issues.
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    • Profile picture of the author kootie
      Originally Posted by Akogo View Post

      I have a brand name in one of my domains for years and never had any issues.
      May I ask which brand? Or even what the website is?
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  • Profile picture of the author tdbasha
    My experience with brand names, depends on the company.
    I have been threatened with law suits several times. However, deleting the page and not renewing domain name was enough for the threats to go away.
    Worst issue was paying $20 to private registar just for letting me know the brand owner didn't like me much.
    My advice, don't do it.
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  • Profile picture of the author eWebCats
    I have seen many sites that use a copyrighted brand name in the URL. Bad idea. When you think about all the time you spend building a website, optimizing, getting back-links, etc. to what gain? If you get caught the best case is you have to close it down, there goes your google ranking, and the worst case is that the company will sue you for copyright infringement resulting lawyers, court time, etc.

    Short and simple, it's just not worth it.
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  • Profile picture of the author becanada
    You can only use the brand name in a review; article; etc ... even the url ; as long as it is NOT in the "domain name" itself:

    ie:
    http://www.mydomainTOCASHin.com/appl...th-its-iphone/

    In this context it is a file name or folder; and in a link ; but not the domain name.
    That does not mean some lawyer trying to prove himself will NOT send you a "demand letter" or "cease and desist" .

    Google "news copyright laws" for more info.
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  • Profile picture of the author tlrix
    Cant have brand name in domain ... period.
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  • Profile picture of the author fredlee
    I do not use any of brand names for my sites because I've ever heard that it is illegal to do that. But I think that a big company such as Apple, Ebay, Facebook, Twitter will not sue a small marketer for $10 only.
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    • Profile picture of the author WebPen
      Originally Posted by fredlee View Post

      I do not use any of brand names for my sites because I've ever heard that it is illegal to do that. But I think that a big company such as Apple, Ebay, Facebook, Twitter will not sue a small marketer for $10 only.
      Are you saying that these big companies would sue you for more?

      I assume that's what you're saying. They have a reputation to protect, and any website with the term iphone,ipod,facebook,etc. is just BEGGING for trouble.

      Definitely not worth it.
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    • Profile picture of the author davezan
      Originally Posted by fredlee View Post

      But I think that a big company such as Apple, Ebay, Facebook, Twitter will not sue a small marketer for $10 only.
      Maybe. Just that you just never know who's perhaps fickle-minded enough to do
      something like this:

      http://acpaaction.com/Proposed_Findi...mendations.pdf

      The undersigned further recommends that the court enter an Order directing that VeriSign, Inc. shall transfer the registrations for the defendant domain names to the registrar DirectNIC. LTD and that DirectNIC LTD shall then transfer the registrations of each of the defendant domain names to plaintiff Oakley, Inc.
      And there are no money damages involved in that one.
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  • Profile picture of the author Targeted Traffic
    The most obvious way to avoid the risks associated with using a trademarked domain name is to ensure that when registering a domain name it doesn’t contain a trademark. Just stay away from it.Having your website confused with a popular site already owned by someone else or containing their brand name is a recipe for disaster.
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  • Profile picture of the author seogame
    Brand name in domain will surely help you to create Online reputation, you can brand stack in the Search Engine.
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