Using 'garmin' in domain name. Legal?

Rich Struck

15 years ago

You've answered your own question.

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Raja Kamil 15 years ago

Originally Posted by Rich Struck

You've answered your own question.

Well, not all brand as strict as ebay. That's why I'm asking.
And, since I'm promoting their product, this should be allowed (I guess so :rolleyes

I've one domain that use a brand inside that domain, ad had been running for some years. I never received any email asking to shut the website.

So, this question is asked here in case, someone had experience using garmin as their domain name
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rosetrees

15 years ago

The only people that can give you a definitive answer are Garmin. Ask them.

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Andyhenry

15 years ago

Whether they are as strict as chasing people doesn't make any difference to whether you should do it or not.

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nothing to see here.

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BloggingPro

15 years ago

Is it possible to register a domain with a trademark? Yes it is.

Is it also possible for a company to bring a trademark infringement lawsuit against you if you are unwilling to give up the domain? Your damn straight it is.

So would you rather waste your time on a website that could POSSIBLY get shut down at some point in time?

Or would you rather build your business on a SOLID foundation?

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Raja Kamil

15 years ago

Originally Posted by BloggingPro

Is it possible to register a domain with a trademark? Yes it is.

Is it also possible for a company to bring a trademark infringement lawsuit against you if you are unwilling to give up the domain? Your damn straight it is.

So would you rather waste your time on a website that could POSSIBLY get shut down at some point in time?

Or would you rather build your business on a SOLID foundation?

Thanks. This is the point to stop me thinking about registering this domain.

Thanks
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Kay King

15 years ago

And, since I'm promoting their product, this should be allowed

Yes, there are many trademarks registered for that company (but you know that already). No, it's not a good or safe way to work (but you know that already, too). Chances are in the affiliate program it tells you whether or not you can use the company name in a domain or ads.

So your question is not not "should I" but "can I get by with this".

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JohnMcCabe 15 years ago

Originally Posted by Kay King

So your question is not not "should I" but "can I get by with this".

Not trying to be harsh, but the question is actually:

"Is it okay to cheat if I can get away with it?"

I'm beginning to think that threads like this should join religion and politics as taboo subjects...
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- fluffythewondercat 15 years ago
  
  Originally Posted by JohnMcCabe
  
  Not trying to be harsh, but the question is actually:
  
  "Is it okay to cheat if I can get away with it?"
  
  That's pretty cynical, although you're right: That usually is the question. But generally it's not that cut-and-dried.
  
  Some brands are okay with review sites that include the trademark if you comport yourself as a reputable entrepreneur and not some black-hat sneak out for a quick buck. I'm not surprised eBay objected; they suffer from a severe case of recto-cranial inversion and have repeatedly turned a blind eye to numerous marketing opportunities.
  
  But you've got to contact the company. Act like an adult, talk about how big a fan of the brand you are and if you have another successful brand-oriented site you can show them you're not slime.
  
  fLufF
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guitarjosh

15 years ago

Originally Posted by Kay King

Yes, there are many trademarks registered for that company (but you know that already). No, it's not a good or safe way to work (but you know that already, too). Chances are in the affiliate program it tells you whether or not you can use the company name in a domain or ads.

So your question is not not "should I" but "can I get by with this".

This is bad information. The question has nothing to do with "can I get by with this?". As BloggingPro alluded to, it should be "do you really want to build a solid business on a shaky foundation?" It would likely be easy to "get by" with it.. but don't chance it.

Having said that, I have about 20 trademarked names in urls of different sites. They all do pretty well. Only once did someone send me a "cease and desist" email. But.. Mine are just autoblogs, so risking the url means nothing to me. If I have to take one down once in a while.. so be it. If I was building a site with a lot of unique content though, I wouldn't even consider it.

Best of luck, Raja!

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davezan 15 years ago

While this case involved typos, it should give a few other ideas:

Lands' End, Inc. v. Eric Remy, et al. - Internet Library of Law and Court Decisions

Ultimately, it depends on who you're dealing with.
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- morrow66 15 years ago
  
  Originally Posted by davezan
  
  While this case involved typos, it should give a few other ideas:
  
  Ultimately, it depends on who you're dealing with.
  
  Thanks for showing that Dave it just shows that if you try to be sneaky one day you will get caught. I highly recommend everyone just sticks to legit domain names that will not get you in trouble.
  
  Although it may be tempting to get a domain name that will get great targeted traffic. If its in anyway going to cause you trouble in the long run it is just not worth the hassle.
  
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  mootonandy 15 years ago
  
  I paid for some keyword research once and they sold me one with a trademark in it - I asked them about the trademark but they told me it would be ok as long as its got other words in it and not just the trademark.
  
  Thanks
  
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  davezan 15 years ago
  
  Originally Posted by mootonandy
  
  I asked them about the trademark but they told me it would be ok as long as its got other words in it and not just the trademark.
  
  Sigh, that goes to show you really have to be careful who you get your "advice"
  from. Various administrative decisions indicate adding a letter or so together with
  the trademark doesn't get around it.
  
  Thanks
  
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  David
  
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HigherPrThanGod

15 years ago

Originally Posted by BloggingPro

Is it possible to register a domain with a trademark? Yes it is.

Is it also possible for a company to bring a trademark infringement lawsuit against you if you are unwilling to give up the domain? Your damn straight it is.

So would you rather waste your time on a website that could POSSIBLY get shut down at some point in time?

Or would you rather build your business on a SOLID foundation?

These trademarked name things are funny if you think about it..

If these phrases are valuable, isnt it on them to REGISTER them before hand? Otherwise it's smarter to just wait for someone to do the work to get it in Google and traffic and then take it from them.

If I ever get sued on such a thing, I will trash the domain and delay the process as much as possible to make sure that when they recieve the domain it will be in the state that I bought it in - NOT IN GOOGLE.

(Also, make it clear you'd only use it to promote their product/service and I think you can win the case.)

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BXPS

15 years ago

just stay away from it and use any general keyword like gps or so.

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Jake Gray

15 years ago

If you are questing about the keyword, chances are you'll soon find yourself in trouble. I'd highly recommend staying away from copyrighted keywords.

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JohnMcCabe

15 years ago

Originally Posted by fluffythewondercat

That's pretty cynical, although you're right: That usually is the question. But generally it's not that cut-and-dried.

Some brands are okay with review sites that include the trademark if you comport yourself as a reputable entrepreneur and not some black-hat sneak out for a quick buck. I'm not surprised eBay objected; they suffer from a severe case of recto-cranial inversion and have repeatedly turned a blind eye to numerous marketing opportunities.

But you've got to contact the company. Act like an adult, talk about how big a fan of the brand you are and if you have another successful brand-oriented site you can show them you're not slime.

fLufF
--

fLuff, you're right. It is a bit cynical. But it seems like there are several threads here every day asking about different ways to infringe on a trademark, and whether or not the asker could expect trouble.

As you've noted, the only entity capable of giving a positive answer is the owner of the trademark or their authorized representative. No one else is capable of giving permission; certainly no one on a public forum.

People who ask here are usually looking for someone to tell them that something they already know is wrong is alright.

This probing for loopholes is one big reason the mods here don't offer reasons for locking/deleting posts or turning off sigs. It turns into endless rounds of "what if" as those who seek the easy button probe for loopholes.

As I see it, coming here to ask whether it's okay to use a specific trademark in a domain is like me asking a cabbie if it's OK to go to a specific restaurant and do a 'dine and dash'...

Originally Posted by mootonandy

I paid for some keyword research once and they sold me one with a trademark in it - I asked them about the trademark but they told me it would be ok as long as its got other words in it and not just the trademark.

And what Bar Association are they admitted to?

That advice, and $1, will get you a cup of coffee from the Mickey D value menu - if you don't count sales tax.

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sbucciarel

Banned 15 years ago

Taking advice like the above will just get you into trouble. Of course Garmin owns the trademark Garmin. They don't have to register Garmin in a million different ways to protect their trademark. All they need to do to protect their trademark is to issue a cease and desist to people who are infringing on their trademark. Or they could just sue the pants off of you if they want to.

It doesn't matter whether you are promoting their products or not. They will most likely opt for protecting their mark. Do you care about owning your stinking domain? Not in the least bit, so the above posters suggestion to destroy it is meaningless. Their purpose is to protect their intellectual property ... their trademark.

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The Wizard

15 years ago

Hmmmmm Let's think about that for a moment? NO, not unless you want unnecessary hassles.

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Peter Gehr

15 years ago

My advise is to NOT do it.

The reason being that you can end up facing legal issues eventually.

I've done it myself, and have been pursued to "...cease and desist or my client will take all legal steps that are rightfully in his favor..."

It's simply not worth the eventual hassle. You may get away with it for a while, but eventually you will hear the sabres rattling behind you.

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heavyjay

15 years ago

He could just ask Garmin. They can say no, they can't kill him.

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GeorgR. 15 years ago

Originally Posted by heavyjay

He could just ask Garmin. They can say no, they can't kill him.

They can allow him now and sue him later
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- RajJames Banned 15 years ago
  
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  davezan 15 years ago
  
  Originally Posted by RajJames
  
  I think you can use that domain if you want. There's nothing wrong or bad about it.
  
  Can you perhaps explain more why you think there's nothing wrong or bad about
  it, despite the other posts and a legal decision saying otherwise?
  
  Thanks
  
  1 reply
  
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  David
  
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  JohnMcCabe 15 years ago
  
  Originally Posted by heavyjay
  
  He could just ask Garmin. They can say no, they can't kill him.
  
  Originally Posted by GeorgR.
  
  They can allow him now and sue him later
  
  Large companies like Garmin don't work like that. If they do issue permission, it will be in writing with specific terms of use. There will usually be a termination clause that amounts to the same thing as a C&D with notice. Arbitrarily filing suit would be the civil equivalent of wrongful prosection and open them up to a countersuit.
  
  Now if they do terminate the agreement and the promoter continues to use the trademark without permission, we have a whole different story. One unlikely to have a happily ever after ending for the promoter.
  
  Thanks
  
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GeorgR.

15 years ago

99,9% if you already have doubts and need to ask..it's NOT legal

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Using 'garmin' in domain name. Legal?

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