Using a trade mark in a domain, but different

9 replies
OK, there are a million threads on this here.

I have never had a problem, but some time ago, I admit I did register a bunch of exact match domains with a trade mark company name in the EMD. Although I still have them, I am either phasing them out just letting them be, and not expanding those sites, prepared at the slightest small of trouble to cull any of them. I admit in hind site I was wrong.

So now I use more general domains, and not so worried with EMD.

But, is it ok to use a trademark name as a title of a page and in the name of the page in the url.

(Note fake domain for demonstration)
eg,
w laptops dot com /acer
w laptops dot com /samsung
or
w laptops dot com /samsung-slimline-640p


What do you call it after the / anyway?

What about in the title of the page?

Thanks. :confused:
#domain #mark #morely #trade
  • Profile picture of the author learnrope
    Reedited to see the actual pretend links as a demo.
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  • Profile picture of the author learnrope
    I am sure someone can help me
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  • Profile picture of the author art72
    I am NOT a lawyer, but it has been implied many times throughout several threads that as long as the "TM" name is used in a sub-directory, category, or in a sub-file you should be fine.

    The question arises when you buy a domain whereby the trademarked name is in the actual URL or domain name, for then you are begging for trouble, and likely would receive a C&D (cease and desist notice).

    Again, I am not a lawyer, nor do I know what information you are providing concerning the TM, but if you are promoting their products with facts about the product in a sub-directory, category, or sub-file (*such as a page or a post) you'll likely be fine.

    All the Best,

    Art
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  • Profile picture of the author learnrope
    Thanks Art
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  • Profile picture of the author AlexF
    Simply put: having inner-pages on your website with TM in them is 100% ok... You don't need to promote the TM product and can even write bad reviews about it.

    Hope that helps!

    Alex
    P.S.: the after "/" part is called an "inner page" of your website
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  • Profile picture of the author Chrismiksen
    Regardless of whether you're promoting the product or you write a scathing review of it, you stand absolutely no chance of legal action being taken in your examples. As Art said, trademarked names only become an issue if they're used as the domain name.
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    • Profile picture of the author Kay King
      The "you are safe" is simply not true. The risk is lessened as you are not risking your domain but you can still be told to take down that file/page.

      I'm not guessing - I've had it happen twice myself and know others in the same camp. It's not a highly risky thing to do - and it's your choice.

      There are no absolutes and no one can guarantee safety when you are using a registered trademark owned by someone else. That doesn't change no matter how many times the question is asked. Use your own judgment and if contacted, take down the page. If not, you're fine.

      kay
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    • Profile picture of the author kindsvater
      Originally Posted by Chrismiksen View Post

      trademarked names only become an issue if they're used as the domain name.
      I wouldn't go that far. There are plenty of trademark lawsuits involving online activity but not domain names.

      Let me toss out more examples:

      facebook.com/applecomputer

      facebook.com/rushlimbaugh


      .
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