It is not legal! STOP it!

I do not think it is. I know that a lot of people used to do this selling TVs through amazon but companies started cracking down on it a lot.

One thing thing that people started to do instead that still works is have the product number or name in your domain. For example if you were promoting a Vizio XVT3D650SV, you could make XVT3D650SVreview.com or something like that. Its ugly but helps your rankings for sure.

but people won't type buy XVT3D650SV. they wll type for example buy SAMSUNG tv isn't?

Thanks. I knew it. But why do they do it? Don't they afraid of law?

Hell no! That's terrible!

It should be http://BuyPRADAsunglasses.com/

ethics say don't use trademarked names. Something to note, however, is that some are well known names of products, but they aren't trademarked. In this case it would be OK to use, but if the product creator ever did get a trademark on the name, they would still likely have grounds to stop you from using it... even though you had it before it was a trademark.

^does that even make sense? ;D

Thanks guys. I'll do my best.

You rank for keywords by writing about them.

The only answer for an "is it legal" question you should trust is one given by an attorney experienced in that area of the law, not by people who play lawyers on a forum. Legal advice from a marketing forum is worth exactly what you pay for it: nothing.

I think it is a trademark infringement, but why would the GIANTS be bothered about this until and unless you are not affecting their sales? I don't see Sony giving me a notice to put my domain down if I write a good review about their products or try to sell that.

Rather than that, you are actually promoting their products and increasing their sales. Logically they should be happy, and that's why so many websites which use their names and provide reviews about the websites are still running.


Mohit

Disclaimer: I am not a lawyer, nor do I play one on tv, or impersonate one on a forum.....
but.........

It seems to me if the use particular domain name is that confusing and you don't have money to ask a lawyer about it:

Find another domain name.

Problem solved.

I am not an attorney either, but that practice is call domain squatting if I am not mistaken. There is a law prohibiting it with pretty steep penalties.

But like with any law, you can get away with it until you get caught. So many people, in their ignorance, think it is a good way to cash in.

Has anyone had an experience where they actually got in trouble for it?

Why build a business that could be taken away from you tomorrow?

I went to the site, and it seems it has been taken off the net. It says 'website cannot be found'.

Are there internet laws about trademarks and copyrights?

Remember, if it is profitable, then we act.

Take the cost (whether it be fiscal or ethical) and compare it to the return.

I think one could argue prada can be used as indicated by the OP under the fair use statute.

Some time ago there was a case when someone used a trademark in their domain. I don't remember the details, but it was something like "www.trademark-reviews.com" (let's say FordCarsReviews). Basically, the owner of the site reviewed only products of that one company and even not all of them, but rather a specific category (for example he did not review Ford trucks). He did not compare them to other products. There was a law suit but if I am not mistaken, the judge ruled that it was a fair use, because he did not claim to be affiliated and he used the trademark to describe his intent, and not to infringe or mislead readers.

Is twitterbusinesstool.com illegal????

I once registered 3 domains with ebay in them.

About 7 days later I received a cease and desist letter from them.

People wanna play with fire? That's cool... just don't come running to momma when you get burned.

Why do people keep asking this question when it's common knowledge that the practice is high risk if not down right illegal?

Do they somehow believe that if they persist, eventually someone will answer in a way that will justify their approach?

When I first began Internet Marketing I was really ignorant about these things (copyrights) and I was notified about a couple of my domains which I had to hand over to someone else. I almost panicked because I did NOT want to be sued! Well, I have learned a lot over the years!!!

I am not a lawyer, but yes the example you gave OP is probably infringement. However, it is not always infringement depending... (think of websites like People of Walmart, Couponing To Disney, etc). Again, I am not a lawyer.

Nominative use - Wikipedia, the free encyclopedia

I have a website using a Disney trademark that I believe is safe because it is used to describe what my content is about in a personal nature, my experiences, reviews.

They do it because it produces money, point blank. It's definitely wrong, but until caught they will continue to rake in the doe. The penalty will be severe sooner or later..

In many cases for small business owners its just seizing the domain, which cause less effect as the owner would have made much profits with the trademarked name... for bigger companies bigger lawsuit... anyways the % remains same...

There's definitely a good chance that the company will come after the person who owns the infringing domain.

That being said, most of the time the owner will just hand the domain over, apologize and hopefully keep whatever profits they've earned.

To be completely honest I use trademark names once in a while... The worst that will happen is they will send you a cease and desist. To be taken to court should be the least of your worries. Set up an LLC and protect yourself.

From my experience, most companies aren't too worried about you using their trademark in a domain so long as you are not trying to pass yourself as them. So long as it is obvious it is not the manufacturer they don't get too upset. Many of them are happy for you to do so because you are promoting their products and making them money at the end of the day.

If you are really unsure, phone the company and ask them - get them to put it in an email and they you are safe if they come back in the future.

If you do get a C&D then the easiest thing is to roll over and hand the domain over - you can try fighting it / representing yourself but it costs money and time.

There are risks involved with using a trademark in a domain name and you could lose the domain name / effort you've made in building said domain name. So long as you are happy to do that, go ahead, but if in doubt, speak to the company involved and ask permission.

Any comments on the examples in this post?

Using a trade mark in a domain, but different
http://www.warriorforum.com/main-int...different.html

They do it because they want to attract people. Just imagine using popular trademark, isn't attractive and interesting?

Of course it's illegal and you will be stopped if you do it if the firm you are piggy backing on is big enough to threaten you with a legal suit. Why risk it when you can make money online legally in so many ways?

This is one of those areas you have to find out from the trade mark owner if you can use it, or be granted permission to, before getting a cease and desist letter

I think asking yourself "is this legal" is a wrong kind of question to ask. Let's assume, it is legal and it falls under fair use clause. That does not mean it will not get you in trouble. Trademark owners need to actively protect their TM, that means, you can still be bothered by them, even drag to court - even if they know you are right! In this cases, money talks, and unless you have a lawyer on a retainer, like corporations do...

And, even if you win, at least in the USA, it can still cost you arm and leg in the process for legal fees. And in most cases, both parties pay their own legal council, but even if you manage to get the money back, it still takes time - do you have enough time and money to invest for several months to fight for your right?

The bottom line is, being right is a beautiful thing, but it does not pay the bills. To some people, you may look like a coward, when you are not true to your conviction, but I say - pick your battles carefully. To me, to win the battle and end up broke is worse, than avoiding it and staying financially stable - even if you have to sacrifice your "truth". Just ask yourself - how is your truth going to help you out? Does your truth even matters so much, that you are willing to put yourself at risk? I mean, we're talking about a stupid thing like trademark in a domain name... so, does it really matter to you whether you have the right to use it or not, considering all the above? Seriously, what's the point?

Fair use law. If you are reviewing something you can indeed used the terms. But I'm not lawyer.

I hope this scares some people off from buying trademarked domain names =P

Great question, is there an attorney in the house?

I know I tried to promote some Amazon products a while back and my domain name was itoucha.com

I wasn't trying to infringe trademark, I wanted to do a clever name, instead of I touch you, it's "itoucha" with i touch in there, it was a review site.

But Amazon turned it down becaue it had the brand in the url

It is up to the trademark owner to manage his or her trademark. If he or she feels that someone else is misusing or hurting the companies image or effecting the business they can persue a legal injunction

but, the owner must pursue it -- that is the catch

plus, there is the concept of "fair use" -- example, a journalist uses a product name in a review or article, etc

I remember a thread similar to this one a couple of years ago (maybe longer) that took a much stronger position about dangers on trademark infringement.

Unlike this thread, the earlier one carried a consensus opinion that many trademark holders are downright vicious about protecting their intellectual property and will sue your pants off with no quarter to simply surrender the domain and go on happily about your business.

I got into a pickle a long time ago over a magazine article I wrote when I failed to recognize a trademarked product name. It won't happen again.

Ernie Mitchell

Unfortunately, you will be vulnerable to a lawsuit or a UDRP proceeding if you have been operating a website that infringes on someone's trademark. Copyright Infringement can kill a great domain and a great company when it does.

as long as You are making money with the domain name, it is fine.
If you get a notice or something better give the domain to the company.

I had a website named after blackberry cellphones and was promoting offers from all over italy as an affiliate but later on things got messed up and I gave up on the domain name. I again copied all the HTML files [ I dont like wordpress] .
Changed the Logo and I was up and running in a few hours again with a different domain..

Just to say my two cents... if I stumble upon a website with these types of domains, I probably won't buy from the site, unless it is a great deal. The name just sounds like an affiliate webpage. Besides, most websites like these (especially review pages) are always pointed towards profit and you can see this easily when you view the pages. Make sure you have good content if you are going to pick a domain name as such.

Companies go after trademark infringement hard because failing to do could result in them losing their claim to the mark.

To me the real villain is the domain registrars, who derive millions of dollars from trademark violations and then charge a 'clean up fee' if they receive a complaint. They could easily import the trademark database and stop people from registering them. Instead, they disclaim any responsibility once an incident is reported.

One 'low cost' registrar charges $279 to 'clean up' a trademark domain like this, so be WARY.

I was going to buy a domain with the word iphone4 in it and namecheap would not let me do this without talking to a customer service rep who explained not that it was against the law, but that the company, in this case apple, could force me to delete the domain. I did not register that domain.