How to ACTUALLY avoid trademarked infringement and make money

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I am well versed on this topic, I have had companies take my websites from me. So has my brother, I read all the legal mumbo jumbo and this is the summary of the 3 points that MUST be met for the company to legally take your domain away from you.

The company who owns the trademarked name WILL take the domain from you if:
  • They are actively pursuing infringing domains (some companies just don't care, check udrpsearch.com to see if the company has taken a domain recently) - Legal stuff below
  • The domain name is confusingly similar to theirs pepsideals.com is not the same as pepsi.com but to the consumer pepsideals.com may appear to be run by pepsi and pepsi doesn't like that!
  • You do not have the right to that name. If your name was "Gary Pepsi" you could be off the hook here, they are your deals!
  • You registered the domain in bad faith. Basically if you just want to make money while piggybacking on the pepsi name, (and all the other conditions are met) they can take the site from you. If it is a pepsi fan site you may be off the hook. But if you have adsense ads on the site you are basically screwed. Coca cola can freely advertise on pepsideals.com so coca cola benefits, you make money of the good faith of the Pepsi name, and Pepsi gets screwed!
All three conditions must be met before they can take the site, if they come after you, you will need to prove one of the conditions is not true.

The only way to avoid trademark infringement is to not register domains with the trademarked name in the TLD.
#avoid #infringement #make #money #trademarked

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