Can a domain name cause me legal problems ?

14 replies
Hey Everyone!

I am curious to know whether or not I can get my self into legal problems due to the choice of a domain name. Im sure you are wondering where I am going with this but keep reading please..

Okay so I bought a domain name about a week ago called "www.howtocurecarpaltunnelsyndrome.com" (I have taken the site down temporarily) with the aim to sell an e-book I had wrote on relieving pain cause by Carpal Tunnel Syndrome. It's a genuine solution a friend of mine discovered by accident!

But I have since been told on my last thread that the medical niche is quite a touchy one when it comes to the legal side of it.

I am just a bit scared that the I can get into some trouble with it!

Are there any warriors out there that can help me with this issue ?

Your feedback will be much appreciated!
#domain #legal #problems
  • Profile picture of the author John Atkins
    I think you won't get in trouble as long as you don't
    have a copyrighted word in your domain such as
    "facebook".

    Then again, I'm not an expert on these matters and
    I don't know for sure.
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  • Profile picture of the author PureQuality
    as he stated as long as you dont you those type of names such as facebook twitter fedex and all those ...
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  • Profile picture of the author Jesse L
    There may be an issue or two for giving advice on how to cure things, but not for your domain name alone as long as it is not infringing. I'd be sure to include a disclaimer that covers your butt if you are giving medical advice that could be dangerous.
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  • Profile picture of the author Linkology
    I ran into an infringement issue before but as far as that domain goes, that name is fine.
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  • Profile picture of the author aj1534
    I know that drug companies, when doing television ads, make a claim their product will heal, relieve pain, etc they must also list all side effects that may happen when taking the drug. If you are making medical claims, you may need to have appropriate testing done. But like the previous poster said, call an attorney.
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    • Profile picture of the author JohnMcCabe
      The problem is in the word 'cure', which has precise legal meaning after decades of litigation. If what your friend discovered actually meets the legal definition, and is medically verified and validated, no problem.

      If your friend's discovery relieves the pain while the condition remains, then you have a problem.

      Why not see if you can get something like 'howtorelievecarpaltunnelpain.com' and play it safe? It might not have the same search numbers, if that's how you chose the first name, but it shouldn't get you in hot water with the FTC...
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      • Profile picture of the author wordwizard
        While you're pondering the ramifications of the domain name (and I would listen to Suzanne B! She really knows her stuff.), I recommend you also consider John's recommendation, hedge your claims a bit, for example as in "helps relieve pain caused by...", and start offering your ebook.

        I'm curious about its contents. I don't actually have CTS but I'm sometimes teetering on the edge of it, so anything that helps keep it at bay is something I'm interested in reading...

        If you're giving out review copies to get testimonials, so much the better ;-)

        Thanks.

        Elisabeth
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  • Profile picture of the author Caleb Spilchen
    Hi,

    I used to be involved with a community of domainers, but I never was one -- so this is just my personal opinion based upon discussions with them... I can't see any issue with that domain name, UNLESS there is a domain that is VERY close to that one, or if there is some sort of copyright on those words. (then that would be considered trademark infringement)

    I would STRONGLY advise you to consider the domain though... If you are purporting to have the cure for Carpal Tunnel Syndrome, be sure you have a disclaimer on your site... a few of them. If your site gains traction, your almost begging for the FTC to have a look... Because that is a TOUGH claim to make.

    Caleb
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    Canadian Expat Living in Medellin, Colombia

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  • A great article on the topic.

    Kevin Trudeau - Wikipedia, the free encyclopedia



    Arnold Stolting.
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  • Profile picture of the author ishuvonet
    I also dont have any clear opinion.But so far I know you should not face any legal problems.And the domain name you addressed in your thread,you wont have any problem with that!
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  • Profile picture of the author travlinguy
    John hit it smack out. Try changing the word cure to relieve.

    I'm not a lawyer. You might need to consult with one.
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  • Profile picture of the author Joe Crosbie
    Okay thank you all for your advice! Getting into legal problems is the last thing I want!

    I was going to contact an attorney but I thought it might be worth asking on here as I know there are a lot of people who are quite knowledgeable when it comes to the legal side of a product/website.

    Thanks!
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  • Profile picture of the author sbucciarel
    Banned
    You already got good advice on the first thread. What are you hoping for by asking again? You can get into BIG trouble making false claims in the medical field ... or actually in any advertising. Your domain says how to cure carpal tunnel syndrome. Sounds misleading and deceptive to me. Same answer as before.
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  • Profile picture of the author eb219
    I agree that your domain itself is fine. You could stay safe by formulating your domain content around the domain name, as if it were posed as a question (How to cure carpal tunnel syndrome?) ... which would make a good topic for social media and FB comment integration, ie., where people swap stories, ideas, what worked for them, etc. (as another poster mentioned, use a disclaimer!)

    Adsense integration should be fine, given that there are medical restrictions for Adwords advertisers. I would still monitor the ads from time to time though to make sure the ads don't mislead visitors. You can use your adsense content filtering features to remove any ads which could be considered potentially misleading.
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