13 {{ upvoteCount | shortNum }}
13 {{ upvoteCount | shortNum }}

Question about domain names and getting sued

by PacMan3000
11 replies
Hey guys,

I'm new here, so I'm not sure if this is the right forum but I felt this would be a good place to ask this question.

What's the typical online procedure for buying a domain name that's similar to an existing website and creating a brand new site around that? I'm not talking about big time established companies, so I don't mean creating a website called a Best Buy knock off called Best-Buy.com or something.

But let's say you want to create a niche site, and your niche keyword(s) are "Dog Training." You go to register DogTraining.com but its taken. And let's say this DogTraining.com website is #1 on Google, so its doing well and having success in its intended niche.

Is it OK for me to create a website called DogTrainingHQ or Dog-Training.com to compete with that website, even though its extremely similar in name to DogTraining.com? Can you realistically be sued or just run into any unforeseen issues doing that?

Thanks.
#domain #names #question #sued
  • Profile picture of the author Mark72
    In this case you should be fine because "dog training" is just a category keyword.

    What you should avoid is anything with a brand name in it unless it's a digital type product. In this case the product owners usually don't mind of you're promoting their product, but always check to be sure.
    Signature
    {{ DiscussionBoard.errors[5527371].message }}
  • Profile picture of the author petemcal
    You can only get into trouble if you are registering a trademarked name. A fictitious example would be registering and developing amazonbookstore.com or amazonkindlestuff.com - The reason you are not allowed to do this is because you are essentially trading off of someone else's registered brand. Customers could also confuse you with an official website if you are using a trademarked name.

    Hope this helps.
    Signature
    Follow Pete on Twitter #SEO #Marketing
    "It's like if Einstein did SEO"
    "Much shorter than Shakespeare"
    "I would follow Pete over Jesus Christ himself"
    {{ DiscussionBoard.errors[5528320].message }}
    • Profile picture of the author PacMan3000
      Thanks for chiming in and helping me, guys.
      {{ DiscussionBoard.errors[5528657].message }}
    • Profile picture of the author johnharvard
      Originally Posted by petemcal View Post

      You can only get into trouble if you are registering a trademarked name. A fictitious example would be registering and developing amazonbookstore.com or amazonkindlestuff.com - The reason you are not allowed to do this is because you are essentially trading off of someone else's registered brand. Customers could also confuse you with an official website if you are using a trademarked name.

      Hope this helps.
      So, using your example, how about if you have a site called amazonbookstore.com where you only have affiliate links to amazon books and no other products? Think they would have a problem with that domain name? After all, they're getting the sale.
      Signature
      Everyone can teach you something. Learn what you can about healthy living.
      {{ DiscussionBoard.errors[5533125].message }}
      • Profile picture of the author sbucciarel
        Banned
        Originally Posted by johnharvard View Post

        So, using your example, how about if you have a site called amazonbookstore.com where you only have affiliate links to amazon books and no other products? Think they would have a problem with that domain name? After all, they're getting the sale.
        Amazon aggressively protects it's trademark. They also don't allow anyone's trademark to be used in domains that promote Amazon products. When they notice, they ban the account.
        {{ DiscussionBoard.errors[5533153].message }}
      • Profile picture of the author dv8domainsDotCom
        Originally Posted by johnharvard View Post

        So, using your example, how about if you have a site called amazonbookstore.com where you only have affiliate links to amazon books and no other products? Think they would have a problem with that domain name? After all, they're getting the sale.
        I don't really think that would fly; you could (possibly) ASK amazon first, and get their permission. But that's a little different.

        If you registered said domain, with or without intent to profit, you are still using their trademark without permission.

        Maybe the gray area would be, if you had a website devoted to to your bookstore, that happened to be in the Amazon river basin you could POSSIBLY get away with it, but I'm not a lawyer so what do I know... There's all sorts of "What-ifs". I say, when in doubt, you really have 3 choices:
        1) Do it anyway, keep mouth shut and cross fingers (probably not recommended)
        2) Ask the trademark holder for lee-way in usage prior to use
        3) Don't do it

        Outside of some legal loophole that your lawyer has advised you on, I'd recommend door #2, and if they say no then door #3.
        Signature
        Support a Warrior, Save Money!
        Rock Bottom Prices on Domains and Website Hosting
        {{ DiscussionBoard.errors[5533176].message }}
      • Profile picture of the author petemcal
        Originally Posted by johnharvard View Post

        So, using your example, how about if you have a site called amazonbookstore.com where you only have affiliate links to amazon books and no other products? Think they would have a problem with that domain name? After all, they're getting the sale.
        No I seriously doubt this would be allowed. Apart from the reason you are trading of their domain name, the issue becomes more serious.

        If you are trading ONLY in amazon products, and you are using an amazon spin off domain name, it could potentially make buyers think it is an official amazon outlet/review site. Therefore the brand holder will want to have control over that and not allow it.
        Signature
        Follow Pete on Twitter #SEO #Marketing
        "It's like if Einstein did SEO"
        "Much shorter than Shakespeare"
        "I would follow Pete over Jesus Christ himself"
        {{ DiscussionBoard.errors[5538013].message }}
  • Profile picture of the author popodepok9
    some trademarked name can be a trouble. like SONY, Kindle, Amazon, Angel care etc they will pursue you like crazy if you use their name on your domain. but some brand just dont care if you use their brand name.
    Signature
    Best Handheld GPS
    {{ DiscussionBoard.errors[5528679].message }}
    • Profile picture of the author SUPER Louie
      Originally Posted by popodepok9 View Post

      some trademarked name can be a trouble. like SONY, Kindle, Amazon, Angel care etc they will pursue you like crazy if you use their name on your domain. but some brand just dont care if you use their brand name.
      It depends on the brand. There are some brands who are kind enough to allow it like World of Warcraft.

      But i'd still avoid brandnames so you won't get in trouble once the site is already generating a lot of buzz.
      Signature
      A superhero is someone who knows how to be quiet, shed a tear for a moment, then pick up his sword, and fight again!
      {{ DiscussionBoard.errors[5529200].message }}
      • Profile picture of the author petemcal
        Originally Posted by Louie Sioco View Post

        But i'd still avoid brandnames so you won't get in trouble once the site is already generating a lot of buzz.
        Exactly right, before I knew anything about IM I bought a trademarked name to set up a blog on I wrote 15 articles keyword targeted etc then realised if it actually does work I'm screwed.

        So stay away from them. You only stay under the radar if the site fails.
        Signature
        Follow Pete on Twitter #SEO #Marketing
        "It's like if Einstein did SEO"
        "Much shorter than Shakespeare"
        "I would follow Pete over Jesus Christ himself"
        {{ DiscussionBoard.errors[5531165].message }}
  • Profile picture of the author sbucciarel
    Banned
    Dog training are generic keywords, so there's really no problem using them. The problems arise when using other people's trademarked brand names.
    {{ DiscussionBoard.errors[5531307].message }}

Trending Topics