9 {{ upvoteCount | shortNum }}
9 {{ upvoteCount | shortNum }}

Trademark question

by jbearnolimits
8 replies
I know you can not have a domain name with a trademark name in it. What about the title of your page though?

Let's say you are selling widgets. Now lets say there is a company "xyz widgets". I know you can not have xyzwidgets.com but in your title can you have the words "xyz widget products"?

Also can you have a page called "somedomain.com/xygwidgets"?
#question #trademark
  • Profile picture of the author AuthorityRush
    Yes, it is totally legal. Just as long as it isn't the domain you are fine. But don't forget, if you are slamming the company, you might still have legal issues. But if it is a real review or info on their products, you can use their name in the title of your post and with in it.
    Signature
    {{ DiscussionBoard.errors[5691018].message }}
  • Profile picture of the author temlawn
    Make sure you don't use any logo's either, this 1 little mistake cost me $6,000 a few years back. Really sucked and it was just a harmless mistake. They were blood thirsty for blood and cash, and they got it.
    Signature
    100,000 Visitors $4.95
    {{ DiscussionBoard.errors[5691029].message }}
  • Profile picture of the author skagenweb
    Absolutely. You can title it whatever you want. It doesnt have to match the domain, and people can have similiar domains with no issue.
    {{ DiscussionBoard.errors[5691075].message }}
  • Profile picture of the author sunray
    Actually you may have trademarked words in your domains. You only may not be active on the same area.
    For example, Apple is a well known trademark. You could not sell computers under a domain name which contains the word. But you are completely free to use it to sell apples, to build houses, have a restaurant with such a name and so on.
    Signature
    {{ DiscussionBoard.errors[5691135].message }}
    • Profile picture of the author Richard Van
      Originally Posted by sunray View Post

      Actually you may have trademarked words in your domains. You only may not be active on the same area.
      For example, Apple is a well known trademark. You could not sell computers under a domain name which contains the word. But you are completely free to use it to sell apples, to build houses, have a restaurant with such a name and so on.
      This is true but it also depends on just how ruthless the company is about following it up. Microsoft are fairly agressive and if you had a site selling cotton wool and the domain was Microsoftcottonwool.com, you would still be likely to receive a letter.

      Either way, the only sensible thing to do when registering a domain with a trademark in it, is to approach the trademark holder, tell them what you wish to do and get it in writing it is ok to do so.

      Sorry but there is no one answer to having TM's in domains, it all depends on the individual company as Thesnakeman pointed out.

      As for the OP's question, you can put TM's in the title of your posts etc.
      Signature

      Wibble, bark, my old man's a mushroom etc...

      {{ DiscussionBoard.errors[5726718].message }}
  • Profile picture of the author thesnakeman
    Sunray, you are correct, but be warned that in some legal domains like Australia, trademark owners commonly take out so-called defensive trademarks.
    I don't think they are allowed under that name in the USA, but it's common for big names to register trademarks for almost "everything" using their brand name. One such brand is virgin, who have trademarked virtually everthing everywhere using the brand name and they have been quite aggressive in terms of closing down businesses using their brand name, often in areas quite separate from what people usually associate the firm with.
    In other words, tread carefully when dealing with trademarks, especially on the web, where with "google alerts" trademark attorneys have less trouble finding infringers.
    All the best
    {{ DiscussionBoard.errors[5726603].message }}
  • Profile picture of the author thesnakeman
    Trademark dilution is something to be aware of in the USA juristdiction.
    This is where a business operates in a totally different industry to a well-known trademark owner.
    The owner can sue for "dilution" in that the unrelated business dilutes the effect of the trademark.
    Put another way, if a company were allowed to establish a big web presence for "microsoft clothing", the computer company that's been around a long time and of the same name, may find people not finding them in searches and the like as their clients were being diverted to the other company on same name searches.
    Hence it'd make sense for them to nip any potential dilution problems in the bud.
    We had this issue recently in relation to a trademark application for a name similar to one of our trademarks and in an unrelated business.
    In our case we were happy to allow them to register the trademark provided they agreed not to make moves against us at any stage in future for trademark issues, which they did.
    Finally, slagging a trademark can also lead in in the poo under the grounds of "trademark tarnishment".
    This is usually when a business rival publishes so-called reviews with the aim of tarnishing a well-known trademark.
    We have had serious issues with this ourselves.
    All the best
    {{ DiscussionBoard.errors[5734070].message }}

Trending Topics