by Alson
17 replies
hi all ,

i believe when it comes to IM , we would like to build something sustainable,


i have came across sites like

Nikon Rumors

where they have used trademarks names within their domain names,

is this even legal?

i understand at their footer of the site they placed information such as as:

Disclaimer: This site has no affiliation with Nikon USA or any other subsidiary of Nikon. Please visit the official Nikon website at nikon.com. All trademarks and brands belong to their respective owners.

do advise!
#legal
  • Profile picture of the author Sandra Martinez
    Hi,
    only attorneys can give legal advice and I am not attorney.

    The urban legend around says that you can use the trademark as long as you don´t monetize whatsoever. if you make a dime, it is illegal.

    I can´t say it is true or not, haven´t tried it.

    Sandra
    {{ DiscussionBoard.errors[5198986].message }}
  • Profile picture of the author spearce000
    Originally Posted by Alson View Post


    do advise!
    What is or is not legal varies from country to country, but it's best to avoid using someone else's trademark in your domain. You're opening a whole 'can of worms' if you do.

    Just my 2 pence. Usual disclaimers apply.
    {{ DiscussionBoard.errors[5199033].message }}
  • Profile picture of the author Eddie Titan
    Originally Posted by Alson View Post

    is this even legal?
    Yeah this is Trademark Infringement. It is not legal in the US.

    & you can loose your domain name to the company that owns the trademark. However people still buy domains because they don't know or they do know but they decide to take the risk to reap some kind of reward (e.g. to make it easier to rank in the search engines)
    Signature
    New Members Challenge! Join me in 2012. Set an income goal for the New Year and achieve it!
    {{ DiscussionBoard.errors[5199050].message }}
  • Profile picture of the author Rod Cortez
    If Nikon is a trademarked term then they are not allowed to use it without permission in most instances, but there are exceptions. It's quite possible that IF it IS a trademarked term (I would be surprised if it wasn't) then they might not have contacted them yet or they did and they have chosen to ignore the cease and desist letter (happens all the time) and there might be something else going on behind-the-scenes that we are not privy to. I mean, look at Paypalsucks dot com, they're still up and around, but I think they've found a loop hole because they're still around.

    Then again, if the site is hosted in another country it might be more difficult to enfore the trademark laws.

    About 10 years ago I put up a website that had the word Sony in it. It took about 2 years before I got a cease and desist letter from a Sony agent. I scanned it to my Intellectual Property Attorney and he said I had no choice but to take the website down or change the domain name because it was a commercial website run by a corporation.

    I'm leaving out a lot of subtleties in the law, but that's it in a nutshell. Where's Brian when ya need him?

    RoD
    Signature
    "Your personal philosophy is the greatest determining factor in how your life works out."
    - Jim Rohn
    {{ DiscussionBoard.errors[5199055].message }}
  • Profile picture of the author Alexander K
    I'm not a lawyer either.

    But good rule of thumb, if something is trademarked, don't put it in your domain. You may or may not ever get in trouble or caught, but why risk building something and then lose it?

    Just my opinion, no legal expertise.
    Signature
    [EliteWebsiteTraffic.com] - Purchase Up To 10 Million Targeted Visitors a Month.
    - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
    [EasySocials.com] -Buy Youtube (Views, Followers, Subs, Likes, Comments), Facebook Fans, Twitter (Followers & Retweets), Pinterest, Tumblr, Instagram, Vimeo, Soundcloud. [Affiliate & Reseller Program Available]
    {{ DiscussionBoard.errors[5199062].message }}
    • Profile picture of the author atvking
      I'ts ok if its "nominative use" but this is subject to broad interpretation. Good examples are the above mentioned Paypalsucks.com
      Signature

      ...

      {{ DiscussionBoard.errors[5199826].message }}
      • Profile picture of the author davezan
        It ultimately depends why you want to do it, and who you're dealing with.

        If, say, you want to use someone's trademark in your domain name to criticize or
        make fun of without making money off of it, that's allowed. Nominative use or fair
        use is also fine under specific, exceptional circumstances.

        While this shouldn't necessarily be treated as an authoritative source, this should
        give you a few ideas:

        Nominative use - Wikipedia, the free encyclopedia

        The nominative use test essentially states that one party may use or refer to the trademark of another if:
        - The product or service cannot be readily identified without using the trademark (e.g. trademark is descriptive of a person, place, or product attribute).
        - The user only uses as much of the mark as is necessary for the identification (e.g. the words but not the font or symbol).
        - The user does nothing to suggest sponsorship or endorsement by the trademark holder. This applies even if the nominative use is commercial, and the same test applies for metatags.
        If you aim to use that to, say, write news or commentary about it, this post by a
        Warrior lawyer can also give some guidance or rule of thumb:

        http://www.warriorforum.com/main-int...ml#post5007597

        Rule of thumb: if the judge looking at your review site is impressed with your site and information provided, you're in good shape. If the judge starts puking from the generic PLR, advertising everywhere, and lack of real product reviews, then you have a problem.
        Emphasis: those are guides, not gospel. IANAL, and HTH.
        Signature

        David

        {{ DiscussionBoard.errors[5202226].message }}
  • Profile picture of the author Micah Medina
    You've got to remember that businesses are legally obligated to protect their intellectual property.

    If they don't, it establishes a nasty legal precedent.

    If you don't want to get that nasty C&D letter, I'd lay off.

    i understand at their footer of the site they placed information such as as:

    Disclaimer: This site has no affiliation with Nikon USA or any other subsidiary of Nikon. Please visit the official Nikon website at nikon.com. All trademarks and brands belong to their respective owners.

    do advise!
    I'm much more interested in knowing if the OP is affiliated with nikon rumors.
    Signature


    {{ DiscussionBoard.errors[5202365].message }}
  • Profile picture of the author RefundHost
    Nikon knows about the site, no doubt.
    And if they view it as PROMOTIONAL ( causing sales )
    then they may choose not to do anything to impede it.
    {{ DiscussionBoard.errors[5204189].message }}
  • Profile picture of the author edwood
    I think that most corporations would take a dim view of this -- even if the site is promoting their products in a positive manner. Basically, the prefer to have the maximum control possible over all things pertaining to their image.

    I seem to remember a few years back that there was even an issue with using trademarked names in meta tags. Can't remember the details any more. Anyone else remember something like that?

    Michael
    Signature

    WSO

    --> Grab PLR to this FUN Ebook! <--


    (Affiliates: Earn 100% Commissions)
    {{ DiscussionBoard.errors[5204498].message }}
    • Profile picture of the author davezan
      Originally Posted by edwood View Post

      I seem to remember a few years back that there was even an issue with using trademarked names in meta tags. Can't remember the details any more. Anyone else remember something like that?

      Michael
      Technology & Marketing Law Blog: Keyword Metatags are Back...Will Judicial Freakouts Continue?

      Originally Posted by Alson View Post

      alright , as im cosindering to place www.CompanynameCountry.com . i am in no way affiliated. just wanting to check , example can someone create a www.Amazonasia.com
      If that company name is also being used as a trademark by them, that can create
      problems for you still. Bottom line is you will likely get into trouble if you intend to
      register a domain name bearing someone's trademark to make money out
      of that without their permission
      .
      Signature

      David

      {{ DiscussionBoard.errors[5208290].message }}
      • Profile picture of the author Alson
        alright thanks so much for all the views !
        {{ DiscussionBoard.errors[5208683].message }}
  • Profile picture of the author Alson
    alright , as im cosindering to place www.CompanynameCountry.com . i am in no way affiliated. just wanting to check , example can someone create a www.Amazonasia.com
    {{ DiscussionBoard.errors[5204726].message }}
  • Profile picture of the author Toasted75
    I'm not a lawyer either, but I think you'll find that 'news' is largely exempt... otherwise all the big newspapers and tv channels would be sued out of existence everytime they published something negative about a company

    There is also a Mac Rumors website and no doubt quite a few other big ones out there too.

    ...but generally no - using trademarks is kind of asking for trouble
    {{ DiscussionBoard.errors[5208716].message }}
  • Profile picture of the author giseo
    They can grab your domain. Not worth the hassle IMHO.
    Signature

    Tired about blogging about tedious subjects like blue widgets and four slice toasters? Learn how to have fun and profit blogging about a continually growing massive multi-billion industry. Find out how to do it for only $5 here!

    {{ DiscussionBoard.errors[5209055].message }}
  • Profile picture of the author golf69
    Hire a lawyer to answer any questions you may have...a little money spent now can save you thousands and a headache later.
    {{ DiscussionBoard.errors[5209067].message }}
  • Profile picture of the author BlackRob
    I am no lawyer, and this sort of question in my humble opinion, is best left in the hands of the legal eagles.

    That way you can be sure of the best advice and you will be able to see a clearer picture than you would from me.

    Sorry I can't be of help.
    {{ DiscussionBoard.errors[5211154].message }}

Trending Topics