Using brand name in a domain (risky or not)?

by xaron

Posted: 14 years ago 43 replies

INTERNET MARKETING

I'm contemplating using a trademark as part of a domain. Do people get slammed if they do that, if it's a not-for-profit site? I had a look at starwarsmodels.com - The Star Wars Model Kit Gallery - Home and not only are they using a TM but they're monetizing it with Google ads. They haven't been shut down though and have been around for 10 years.

#brand #domain #risky

ArielT 14 years ago

Maybe nobody could tell you about the reasons of some exeptions, but I think better not doing similar things
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- rajivkumar900 14 years ago
  
  they might have written permission, second thing its depends on 2 factors.
  1. you might face copyright or trademark issue (Directly from the owner company)
  2. you must check terms and condition of affiliate program
  Are they allow TM or brand name in main domain..for example amazon affiliate program dont allow this..so if you do this then surely you will get banned from their associate program so before using it just make sure you wont see both problem..if both are ok then you are ready to go otherwise stay away ......
  
  Rajiv
  
  P.S: Tip: if you want to target people with brand name just use it in your post or page url or in your website content...there is no harm and you will get same results...
  Thats what i do and didnt found any problem yet.
  
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wolfmmiii 14 years ago

Yes, it is risky.
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vCr8 14 years ago

Definitely, using brand name with trademarks can put you in trouble. I opted to avoid such and just settled with using the brand name on the pages. I feel like it works better for searches, this is because most people never look at the domain name, the initial attention is just at the page name and description.
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pennyroll 14 years ago

I thought about doing that years ago and although many never have a problem, you never actually own it. If you become successful it's one small easy step from being taken away.
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Manoj V 14 years ago

It is necessary to check for copyright before using domain names similar to brands or products. Companies may choose to sue you or may not sue everyone who may be using their name. But if they do you may be liable to pay unbelievable amounts as damages. Hence it is not worth taking a risk. As they say, "Better safe than sorry!"

To check copyright you can go to "http://cocatalog.loc.gov" and type the name that you are considering.
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- xaron 14 years ago
  
  Originally Posted by rajivkumar900
  
  P.S: Tip: if you want to target people with brand name just use it in your page url
  
  That's an interesting point. Can anyone else verify if this is correct?
  
  Thanks
  
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BloggingPro 14 years ago

Star Wars is a bad example. Lucasfilm is not really known for going after fan sites that use its trademarks as long as they don't disparage the trademark.

On the flip side of that coin you could register a domain name that contains a trademark and that company could very well come chomping at the bit to shut you down.

Finally. I don't build my online income on "exceptions" rather I find comfort in building them on solid ground. For those who have monetized a trademarked domain name and are contacted by a company to "cease and desist" then calling a lawyer is your best course of action.

BP
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Lakshmi SEO 14 years ago

Two years ago I registered domain with brand name ( ebay) ebayauctionsnow.info.

After few days I got this mail from Ebay

Your Domain Registration ebayauctionsnow.info [Case #5487]

We have noted your registration through the local Internet registry in your country of a domain which incorporates the trademark EBAY. While we realize that you likely registered the domain with the best of intentions and without awareness of the law in this area, we need to inform you that use of that domain is problematic.

eBay does not permit use of its trademarked name EBAY in a domain name.

Such use is in violation of international intellectual property regulations and the trademark laws of many countries worldwide.

Additionally, arbitrary use of the word BAY in a domain is problematic if the connected website is used in association with a business making use of eBay or operating in the same sphere of business as eBay.

eBay adopted the name and trademark eBay in September 1995 and, since that time, eBay has actively used the eBay name and trademark in connection with its online trading and related services, including maintaining the web sites www.eBay.com, www.eBay.de, www.eBay.co.uk, and others in North America, South America, Europe, Asia and worldwide. The coined term eBay is one of the most famous trademarks on the Internet. eBay owns exclusive trademark rights to the eBay name in many jurisdictions internationally, including related common law rights. Accordingly, eBay enjoys broad trademark rights in its name.

eBay has made a substantial investment in developing and providing its services. As a result of eBay’s pioneering efforts and its devoting substantial effort and resources to providing only high quality services, the eBay name and trademarks are widely known among the consuming public worldwide, and the name and trademarks embody substantial and valuable goodwill.

Please review the following links for further information regarding eBay trademarks:
http://pages.ebay.com/help/community/tm.html
http://pages.ebay.com/help/policies/trademark.html

While eBay respects your right of expression and your desire to conduct business on the Internet, eBay must enforce its own rights in order to protect its valuable and famous trademark. For these reasons, and to avoid consumer confusion, eBay must insist that you not use the domain name for any purpose, do not sell, offer to sell or transfer the domain name to a third party, and instead simply let the domain registration expire. In the meantime, the domain name should remain inactive and should not point to any content.

Please confirm in writing that you will agree to resolve this matter as requested.
Thank you in advance for your anticipated cooperation.

Best regards,

Edith
eBay Inc.
Legal Department

This is my experience, it is not very advisable to use a popular brand name in domain or else you might face lose of money ( at least little) like me.
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- Aarav 14 years ago
  
  If you are thinking about to use brand name in domain then must want to stop you from doing this things because its risky that effects very bad for you. So, please avoid it for better results.
  
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xaron 14 years ago

All very interesting. I'm still curious about the use of a brand name in "any" part of the url though (such as a subdomain).
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- davezan 14 years ago
  
  Originally Posted by xaron
  
  All very interesting. I'm still curious about the use of a brand name in "any" part of the url though (such as a subdomain).
  
  Sub-domain is (currently) fine, although it ultimately depends on who you might
  deal with like the trademark holder.
  
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  Eelco de Boer 14 years ago
  
  Got a letter from The Donald for using DonaldTrump.nl
  
  Wasn't a nice letter though
  
  Eelco
  
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WebDomain 14 years ago

TM - it's always very big risk
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KickAss Marketing 14 years ago

Using a brand-name is very from what i know there are companies running the internet looking for stolen brand-names or the like.
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Leveragist 14 years ago

Why take the chance? If the site really takes off, do you want to worry about it being taken down?

Write about them and use the trademarked name in the URL, but not domain name.

Example: www. widgetshq.com/all-about-TRADEMARKEDNAME-widget
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Michael Oksa 14 years ago

YES! You can use a trademark in a domain. In fact, you can always use them...as long as YOU are the trademark owner. Other than that, it's not a good idea.

All the best,
Michael
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Leveragist

14 years ago

It goes without saying that you can use your own trademark.

But I'm pretty sure he meant a trademark that he DIDN'T own, therefore the Star Wars example he used.

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Michael Oksa

14 years ago

Originally Posted by Leveragist

It goes without saying that you can use your own trademark.

But I'm pretty sure he meant a trademark that he DIDN'T own, therefore the Star Wars example he used.

LOL. That's the risk I take when trying to use "humor".

My point is simple: If you don't own the trademark, then don't use it.

All the best,
Michael

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Leveragist 14 years ago

Originally Posted by Michael Oksa

LOL. That's the risk I take when trying to use "humor".

My point is simple: If you don't own the trademark, then don't use it.

All the best,
Michael

I have a difficult enough time with humor in person, much less online/in writing.
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mosthost 14 years ago

You want to put the trademark in there so the site is easy to find in search engines. Guess what, the legal teams for trademarks also use search engines. Plus they get Google Alerts.

They'll send you a C&D in no time.
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Randall Magwood 14 years ago

I wouldn't risk it. Pick another domain and do marketing. Marketing is the most important part anyway. I know you may be going for something close to exact match domain name, but you can still earn tons without using a brand name in your domain name.
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GforceSage 14 years ago

If it is not a company or product that has been around a while, the company still has rights to their own name, but might be too new to be much of a legal player. People get around this by using the word REVIEW in their site. You are not saying you are part of (pick a name) " TurboLover," (for example) you are providing a service (And affiliate link) by reviewing the product in a favorable light with TurboLoverReview.com. It is up to the owner of "Turbo Lover" to either leave you alone since you have a nice review of the product and are making each other money or they can choose to distance themselves from you and their product whether it is a bad or good review because it might make them nervous that some day you could turn on them if something goes wrong. When you gamble, sometimes you win, sometimes you lose. Good Luck!
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cjreynolds 14 years ago

Originally Posted by komplex

ie. paypalproducts.com = illegal.
ie. paypalsucks.com = legal

You can only legally own it if you're using it for people to share freedom of speech on.

I think the "rule of thumb" is, if it would lead a typical user to believe the site was owned or sanctioned by the company (paypal, etc.), then it's an infringement.

Some will see "paypalproducts.com" and think it's an official paypal site, therefore it can be pursued as an infringement.

No reasonable person would see "PayPalSucks.com" and think that paypal owned that site, lol! Therefore not an infringement.
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- Be Brain 14 years ago
  
  It is not good idea to use a 'brand name' of company in your domain,
  I heard, if they known, you will face the trademark issue from the company,
  ussually they will email you about the domain name, and ask you not to use it regarding on the law issue.
  
  Regards,
  
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think more 14 years ago

it is risky
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eugenedm 14 years ago

It's very risky to use a brand name in your domain. I wouldn't go there without weighing the pros and cons. Just remember, you can get sued or your website can be taken off when you use a brand name in your domain.
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xaron 14 years ago

What about using part of a brand name (e.g. "Trek" from Star Trek)? Is that okay or can they get you on a technicality?
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ArielT 14 years ago

Since I assume you are looking to use that term or another to promote this or something related to that, you shoudn't use a part either

But you could in a name article, don't you think it is a better idea? use a general term in tehe domain for your niche that also would extend the range to add more things. I mean, supposing you want to create a niche for game consoles, don't choose the word playstation, choose game consoles insted (just an example) Of course I'm refereing to a domain name
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whyu76 14 years ago

Hi,

my oppinion is not to use the brand name as domain name. Possible to use www.swmodels.com? When come to SEO part only compete with them the keyword like star wars.
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seoblast76 14 years ago

If you are trademark owner then its good to use it in URL. Also to use brand name in domain is very effective for your brand recognition.
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- ArielT 14 years ago
  
  Originally Posted by seoblast76
  
  If you are trademark owner then its good to use it in URL. Also to use brand name in domain is very effective for your brand recognition.
  
  The problem is that he/she isn't the owner
  
  Thanks
  
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  thesnakeman 14 years ago
  
  We recently killed off an internet site that was using one of our registered trademarks for the same kind of business as us.
  Last year in May we killed off over 800 youtube channels where a bootlegger of one of our trademarks was ripping us off and creating backlinks to divert our clients to him.
  In summary best not to muck with owners of trademarks.
  All the best
  
  Thanks
  
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DotComBum 14 years ago

If you use a brand name for profit, it's a big no no, if it's not for profit, it's better to seek permission before you go ahead.
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- Michael Oksa 14 years ago
  
  Originally Posted by DotComBum
  
  If you use a brand name for profit, it's a big no no, if it's not for profit, it's better to seek permission before you go ahead.
  
  Whether it's for profit it or not makes little difference in being sut down. It may make a difference in how much you get sued for, but that's about it.
  
  All the best,
  Michael
  
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Yildiz 14 years ago

Using a brand name in a domain will usually not end with you losing the domain but it has definitely happened a few times to me I wouldn't recommend it!
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Mary Davis 14 years ago

Let's turn the tables here - you are the owner of a popular enterprise of which your brand name is trademarked.

Would you want others siphoning off your success? I know I wouldn't.

The only people I've seen somewhat open and accepting of the practice is IM'ers with a product launch who don't seem to mind other IMer's using it -- those who find every possible variation so they can give their COMPLETELY HONEST AND UNBIASED REVIEW (tongue firmly in cheek).

Whether you should go for the domain with a trademark in it depends entirely on your tolerance for risk. If you're willing to work hard to build your site only to have it snatched from you one day, then that is you choice -- just go in with eyes wide open, and know what the worst-case scenario is.
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rkcc4 14 years ago

Don't do it, even if you got away with it for a while, they could come and take all your hard work. I have done it and even forgot once only to have lawyers on my back.
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- Kay King 14 years ago
  
  That's an interesting point. Can anyone else verify if this is correct?
  
  Sometimes you get by with it - and sometimes you don't. It depends on how closely the trademark owner guards his trademark. I've used trademarks in page titles and file names on sites - usually ok but was told to take a couple of them down.
  
  Any time you use a trademark name to promote your site/your stuff/yourself - you are on thin ice. The trademark owner has protection - you don't.
  
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mosthost 14 years ago

Ask a lawyer. They'll tell you.
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SeoDemon 14 years ago

no you can't, it will get you in trouble, happened to one i know
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IMLearningIM 14 years ago

Using Brand name in domain can be risky. It may be harmful.
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EricJames 14 years ago

The best bet would be to ask the company first before doing anything. Make sure you get it in writing from the company that you have their permission to use their name. This will help to eliminate legal battles between you and the companies.
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Using brand name in a domain (risky or not)?

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