37 replies
Awhile ago I purchased either a .com or .net domain name with a product name in it.

Just recently I receive an email saying that the company is going to take legal action if I don't give it to them.

Has this ever happened to anyone else?

&

What is actually true about this from a legal aspect?


Thanks guys!
& hopefully this post helps some others as well
#domain #loophole #trademark
  • Depends on if the name is a Trademark or Signature Mark.

    Bottom line is do you have money to fight a company?

    Product names are protected Brands... it takes a big investment to develop brands.

    Your best option is to let it go and move on.
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  • Depends it's probably a Trademark or Signature Mark. In either case brands are protected.

    Bottom line is do you have money to fight a company?

    Product names are protected Brands... it takes a big investment to develop brands.

    Your best option is to let it go and move on.
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  • Profile picture of the author strspeed
    Im pretty sure you cannot i take that information from here:
    "http://www.copyright.gov/help/faq/faq-protect.html"

    Id contact a lawyer, if its not illegal make them buy it for a few Million

    EDIT:
    Just found this article, I'd definitely contact a lawyer to find out though.
    "http://wheretoregistersites.com/copyright.htm"
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    • Profile picture of the author FitnessNut
      Thanks guys, one of the reasons I'm particularly puzzled on this one is because I have seen some of the "top internet marketers" create niche sites in some of their training.

      they've used many demonstrations of small sites where they are using a product name in the domain (for seo purposes obviously)

      but this just throws me for a loop...how are they getting away with it???
      (obviously they have more money but I doubt they'd fight for a small niche site domain)

      Also, if it is illegal to purchase these domains..why would they be made available to the public?

      Idk I'm still undecided!
      Signature

      "Any fact facing us is not as important as our attitude toward it, for that determines our success or failure."
      -Norman Vincent Peale

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      • Profile picture of the author seasoned
        Originally Posted by FitnessNut View Post

        Thanks guys, one of the reasons I'm particularly puzzled on this one is because I have seen some of the "top internet marketers" create niche sites in some of their training.

        they've used many demonstrations of small sites where they are using a product name in the domain (for seo purposes obviously)

        but this just throws me for a loop...how are they getting away with it???
        (obviously they have more money but I doubt they'd fight for a small niche site domain)
        They do NOT care about your domain! They care about their NAME!!!!!!!!!!!! And you TOLD them they could do this! HOW do I know? Well, it is ILLEGAL to sell domain names without having a UDRP available. ALL people buying agree BY THEIR PURCHASE, to the UDRP. That includes ALL .com, .net, .org, .us, and most other TLDs.

        Also, if it is illegal to purchase these domains..why would they be made available to the public?

        Idk I'm still undecided!
        You expect the registries to have some super computer that compares your domain, and all parts, against ALL trademarks, variants, and typos, including FORCED typos, etc...? Dream on.

        Steve
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        • Profile picture of the author FitnessNut
          Originally Posted by seasoned View Post

          They do NOT care about your domain! They care about their NAME!!!!!!!!!!!! And you TOLD them they could do this! HOW do I know? Well, it is ILLEGAL to sell domain names without having a UDRP available. ALL people buying agree BY THEIR PURCHASE, to the UDRP. That includes ALL .com, .net, .org, .us, and most other TLDs.



          You expect the registries to have some super computer that compares your domain, and all parts, against ALL trademarks, variants, and typos, including FORCED typos, etc...? Dream on.

          Steve
          I'm sensing some tension here...hah

          uhhh ya point taken
          Signature

          "Any fact facing us is not as important as our attitude toward it, for that determines our success or failure."
          -Norman Vincent Peale

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  • Profile picture of the author ALearner
    As the best practice, always avoid buying / creating domain names with trademarks and well-known company names in them.

    Awarness is spreading like wildfire and its better to practice caution before making a decision.

    AL.
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  • Profile picture of the author ronaldmd
    If the name is not a trademark, it's not illegal, tell them to screw themselves. If the name is trademark it is illegal, give the domain to them.

    I know a company run by douchebags. Their company name is not trademark, but they threat anyone who uses their name in domain name, even in facebook and twitter username.
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  • Profile picture of the author strspeed
    want to PM me the Company or product name and ill look into it?
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    • Profile picture of the author FitnessNut
      Originally Posted by strspeed View Post

      want to PM me the Company or product name and ill look into it?
      that would be awesome I would appreciate that.

      PM being sent momentarily!
      Signature

      "Any fact facing us is not as important as our attitude toward it, for that determines our success or failure."
      -Norman Vincent Peale

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

      but this just throws me for a loop...how are they getting away with it???
      (obviously they have more money but I doubt they'd fight for a small niche site domain)

      Also, if it is illegal to purchase these domains..why would they be made available to the public?
      There are lots of reasons why, but it's likely because they haven't been caught
      yet. Not all drivers beating speed limits get caught, but those that do do pay.

      It is also not illegal to register or purchase a domain name bearing a trademark.
      What can cause issues is how you're intending to use the domain name, more
      so if you'll use it commercially without its trademark holder's permission.

      OTOH, domain names bearing what I call unique and famous marks (e.g. Google,
      Microsoft, Groupon, etc.) are likelier to get C&Ds or more because...well...they
      are unique and famous. As in people will likely associate a domain name bearing
      their mark with their source no matter what you do with it.

      Oh, and it's been asked here a couple of times, actually. Just look around.

      Originally Posted by strspeed View Post

      want to PM me the Company or product name and ill look into it?
      Originally Posted by strspeed View Post

      If your domain has the product you PM'ed me in the tittle i say you definitively are. I say offer to sell it to them. They might accept because the amount they potentially have to spend could be greater then what you offer.
      Without meaning to personally put you down, posts like those are a reason why
      it's better to seek advice from a licensed legal expert (e.g. lawyer, solicitor, etc.)
      with real-world experience in these things. Unless you're able to convince that
      trademark holder (?) that X amount is a materially reasonable compensation for
      that domain, are you aware that trying to sell that domain with its trademark
      namesake to them can be used against you also?

      In fairness (and rather ironic at that), your first post in this thread gave what's
      practically the "best" and "right" advice still. That one is what the OP ought to
      really do, namely consult the kind of person I described above.

      Now, OP, if all you want is essentially feedback rather than what might be even
      remotely construed as "legal advice" (which only an attorney is truly qualified to
      give, anyway), I believe you've already been given such. If anything, you have
      a chance of resolving this before it gets any worse. (knock on wood...)

      Good luck.
      Signature

      David

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  • Profile picture of the author FitnessNut
    Originally Posted by ibok10 View Post

    Choosing a reliable web hosting company can become a daunting task if you are not sure of your expectations. There are some essentials to look for in a good web hosting company before making you're your choice. It is necessary to ask yourself the following questions before continuing to freeze on a web hosting provider.

    1) How much money is involved in getting your site up and running? There are affordable and reliable hosting providers who can make your site function, usually in 24 hrs.. Website hosting may not be the only influential factor for your site expense though. Others might include: SEO, Marketing etc...

    2) How much space will your website need? It's important to make sure if your site requires large database storage or simple static site with the use of less space.

    3) Bandwidth should also be a criteria. If you run large files through your site every day, you may require more bandwidth. And for a static site, providing just the information about the company and contact details, you can go for lesser bandwidth.

    4) Make sure, if your site requires any special software to run scripts correctly on your website. Check with the website hosting company before you make your choice.

    5) Does your site require a database? It is wise to check with the hosting provider, if they can host a database and some providers host only certain types. If your website requires a database, check all the requirements with the web hosting provider.

    Well, after you have asked yourself the questions above, visualize your site and its purposes. Have a neat navigation chart with links from home page to all internal pages and so on. Write down the function of each link on the website. It is better to work on it twice even three times so that when it is actually set up on your system, you and your hosting provider won't be surprised by any additional requirements which may arise that you have missed.

    Its always wise to research multiple web hosting companies before you make your final decision. Go through their server software, technical requirements and hardware. Compare with other web hosting companies before you make up your mind.

    Lastly, go through various forums pertaining to website hosting providers, you will find an abundance of good information.
    This has absolutely nothing to do with the thread?

    I'll be reporting you as a spammer if it is not deleted.

    Great article, but not the place for it

    Thanks
    Signature

    "Any fact facing us is not as important as our attitude toward it, for that determines our success or failure."
    -Norman Vincent Peale

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    • Profile picture of the author Ken Durham
      Originally Posted by FitnessNut View Post

      This has absolutely nothing to do with the thread?

      I'll be reporting you as a spammer if it is not deleted.

      Great article, but not the place for it

      Thanks
      I already reported him
      Signature

      yes, I am....

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  • Profile picture of the author strspeed
    If your domain has the product you PM'ed me in the tittle i say you definitively are. I say offer to sell it to them. They might accept because the amount they potentially have to spend could be greater then what you offer.
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    • Profile picture of the author FitnessNut
      Originally Posted by strspeed View Post

      If your domain has the product you PM'ed me in the tittle i say you definitively are. I say offer to sell it to them. They might accept because the amount they potentially have to spend could be greater then what you offer.

      I definitely am in violation? or am not?

      I am guessing you are saying that I am in violation but just want to clarify

      and

      Though I haven't told you my exact domain, are companies willing to pay a reasonable amount?
      (I don't plan on getting rich from this lol)

      Thanks again!
      Signature

      "Any fact facing us is not as important as our attitude toward it, for that determines our success or failure."
      -Norman Vincent Peale

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  • Profile picture of the author ibok10
    [DELETED]
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    • Profile picture of the author FitnessNut
      Ibok....Really?

      People like this do not belong on the warrior forum.

      I was nice the first time but now your just behaving in a ridiculous manner that I am sure other Warriors do not appreciate as well

      I gave you an infraction, and after looking at some of your other posts (mostly random garbage like you displayed on this thread) I hope others do not hesitate to report you for the same obvious reason
      Signature

      "Any fact facing us is not as important as our attitude toward it, for that determines our success or failure."
      -Norman Vincent Peale

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  • Profile picture of the author James Schramko
    It is not smart to register domains that have product names in them.
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  • Profile picture of the author strspeed
    well if you feel comfortable PMing me the link to the website then go ahead but you could potently be. If you are then they will file with whatever commission handles your domain name. If there feeling spendy then they will buy it.
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  • Profile picture of the author Clint Butler
    I think this has been said before in thread but I just wanted to reiterate that you should stay away from product names in your domain names.

    CannonCameraReviews.com still has the name Cannon it and the company may or may not catch on but why take the chance.

    DigitalCameraReviews.com would be much better and with wordpress adding a reference to a Cannon camera is easy and legit.

    Regards,
    Clint
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  • Profile picture of the author webapex
    If it is a registered trademark you may well have a problem. I have heard that eBay automatically sends out a C&D to any new domain containing ebay.

    As I understand cyber squatting laws cover the misuse of the exact name of a company by domain speculators, might have some overlap with your case.

    The wiki page is definately worth a look.

    Cybersquatting - Wikipedia, the free encyclopedia
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    “An expert is a person who has made all the mistakes that can be made in a very narrow field” Niels Bohr

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  • Profile picture of the author Meekz
    @ FitnessNut - A few people here have mentioned it is not wise to create a new domain name which has trademarks or product names in them, but I get the impression from your post that you registed the domain before the title was created as a product - is this correct? - or did you create the domain name intending to name it after the product?

    The best advice anyone on this forum can give you, regardless (unless they are a lawyer), is to check out the official copywrite law websites and documents and to contact a lawyer.

    Regards,
    Meekz
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    • Profile picture of the author FitnessNut
      Originally Posted by Meekz View Post

      @ FitnessNut - A few people here have mentioned it is not wise to create a new domain name which has trademarks or product names in them, but I get the impression from your post that you registed the domain before the title was created as a product - is this correct? - or did you create the domain name intending to name it after the product?

      The best advice anyone on this forum can give you, regardless (unless they are a lawyer), is to check out the official copywrite law websites and documents and to contact a lawyer.

      Regards,
      Meekz
      No, I registered the domain months back when I was pretty much clueless, and thought I had found a kick ass keyword domain lol

      I now understand this much better, and appreciate the advice from all of the warriors here.

      I am taking everything simply as advice.

      I have not decided whether I will seek professional legal counsel or just hand it over to them.
      Signature

      "Any fact facing us is not as important as our attitude toward it, for that determines our success or failure."
      -Norman Vincent Peale

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

        I have not decided whether I will seek professional legal counsel or just hand it over to them.
        Some lawyers give a free initial consultation, depending on how arguably simple
        the issue might be. You can safely give them as much specifics as you can, not
        like in an online forum where the opposing party might be smart enough to see.
        Signature

        David

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  • Profile picture of the author YOUNEEDTOHEARTHIS
    Banned
    [DELETED]
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    • Profile picture of the author FitnessNut
      Originally Posted by YOUNEEDTOHEARTHIS View Post

      It depends on how you intend to use or are using the domain name. For example I used to own the name bullsnbears.com a major bank in Canada here owned the trademark for bullsnbears as it relates to the stock market. If I used the site to post pictures of animals (bulls and bears) then it wouldnt be illegal on my part. I suggest you try and settle on a small amount out of court

      Very Helpful!

      What would you consider a small amount?

      the company does over 1/2 Billion Dollars in Revenue yearly to give you some idea of the size

      Thanks!
      Signature

      "Any fact facing us is not as important as our attitude toward it, for that determines our success or failure."
      -Norman Vincent Peale

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  • Profile picture of the author seasoned
    If you DO hire an attorney, have him/her be sure to review the UDRP!!!!! ICANN | Uniform Domain-Name Dispute-Resolution Policy This is a US run agency that in some way or another has tentacles in the internet WORLDWIDE. Of course, they are the last authority on the US run TLDs, like .COM,.net,.org,.us.

    Lawyers don't know everything and even some of them may not realize this exists.

    Steve
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  • Profile picture of the author breathclean
    i debated doing this in the past and opted to be cautious, consider it a lesson learned
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  • Profile picture of the author rosetrees
    If the name is trademarked there is little point in fighting them or asking for money for it. Ignorance of the law isn't a defence. Just hand it over and move on.

    Any "guru" that advises registering a domain name that contains a product or brand name in it isn't a real "guru" at all.

    Having said that, some companies do allow their affiliates to use yourdomain. com/ product name

    BUT. You need to READ the rules of their individual affiliate agreements to see which ones allow this.


    This wouldn't work for, say, an Amazon store or Adsense (at least I don't think it would), but if you use something like Commission Junction or Trade Doubler, each company has their own affiliate agreement and T&Cs.
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  • Profile picture of the author D37
    What is the domain you purchased?
    Signature

    Thank you to everyone on WF for all the great information, help, support, and kindness you have all shared!

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  • Profile picture of the author FitnessNut
    the keywords are Nutrisystem Discount Code. I am not going to give the extension, but I doubt it really matters at this point.

    They offered to pay me what I purchased the domain for which I will most likely go forward with.

    I am not even currently using the domain, but it is just not worth the trouble for it

    Unless someone can produce some blazing evidence that would convince me to do other wise, I have probably made my decision

    hmmmm.....
    Signature

    "Any fact facing us is not as important as our attitude toward it, for that determines our success or failure."
    -Norman Vincent Peale

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

      They offered to pay me what I purchased the domain for which I will most likely go forward with.
      Good deal. Then you can perhaps invest that into something greater.

      Good luck on your ventures. Cheers.
      Signature

      David

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      • Profile picture of the author AshJM
        Maybe you should ask them for remuneration for the time you spent on this thread on top of the domain costs?
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        • Profile picture of the author FitnessNut
          Originally Posted by Micawber View Post

          Maybe you should ask them for remuneration for the time you spent on this thread on top of the domain costs?

          Warrior Forum Needs a "No Thanks" Button^^
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          "Any fact facing us is not as important as our attitude toward it, for that determines our success or failure."
          -Norman Vincent Peale

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  • Profile picture of the author learnrope
    This is a kind of feel good thread, happy enough outcome with all parties being reasonable.

    Good one.
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  • Profile picture of the author sbucciarel
    Banned
    Originally Posted by FitnessNut View Post

    Awhile ago I purchased either a .com or .net domain name with a product name in it.

    Just recently I receive an email saying that the company is going to take legal action if I don't give it to them.

    Has this ever happened to anyone else?

    What is actually true about this from a legal aspect?

    Thanks guys!
    & hopefully this post helps some others as well
    You most likely have infringed on someone's trademark and it would be in your best interest to give it to them voluntarily.
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  • Profile picture of the author johnweyer
    I saw someone mention ebay. I had a site up (amazon a-store type) called YankeesBay.com. Got a C&D letter from ebay claiming the right to any name with the word 'bay' in it. People might get confused. Huh? Really? Was a no traffic money loser. I took it down.
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    If I was making 6 figures why the heck would I need your $17

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

      I saw someone mention ebay. I had a site up (amazon a-store type) called YankeesBay.com. Got a C&D letter from ebay claiming the right to any name with the word 'bay' in it. People might get confused. Huh? Really?
      That's...actually the point. Trademarks aim to prevent likelihood of confusion.

      Speaking of which, look up the eBay vs. Perfume Bay dispute. You'd be surprised.
      Signature

      David

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  • Profile picture of the author David Ogden
    @fitnessnut.
    I have a domain that a company allowed me to use for a time and then they changed their minds, so I offered to sell it to them but we did not come to terms, the domain is still for sale one day I might earn some money from it. All I was looking for was a return on my investment in SEO
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    David Ogden an Entrepreneur at Markethive which uses a suite of free marketing tools to promote his opportunity. Contact:- Telegram @davidogden

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