is this domain name going to hurt in the long run?

24 replies
Whats up Warriors, hope all are having a great day/morning!

Quick question for you guys- is having samsungtvsreview.com going to come back and bite me in the ass?

Just a little worried about having Samsung in my domain name- really don't want to continue to develop the website if it is going to potentially prove to be an issue in the future.

Any input is welcome- good or bad.


Thanks as always

Tim
#domain #hurt #long #run
  • Profile picture of the author Khemba
    Hi - I've done something similar with an Apple product and made a fair amount of money from it without any comebacks - I personally think you site would have to be getting very serious amounts of traffic and hits before it appeared on Samsungs radars. Also so long as your site and content is good as does not bring the company into disrepute I can't see there being a problem.

    Hope this helps
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    • Profile picture of the author Tim Baxa
      Originally Posted by Khemba View Post

      Hi - I've done something similar with an Apple product and made a fair amount of money from it without any comebacks - I personally think you site would have to be getting very serious amounts of traffic and hits before it appeared on Samsungs radars. Also so long as your site and content is good as does not bring the company into disrepute I can't see there being a problem.

      Hope this helps
      Thanks buddy- hope you're right with that, of course , not holding you responsible if things go sideways haha. I'll continue on then, sites just been sitting around so I figure why not try and get a few sales eh?

      Much appreciated,
      Tim
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    • Profile picture of the author UMS
      Originally Posted by Khemba View Post

      Hi - I've done something similar with an Apple product and made a fair amount of money from it without any comebacks.....
      ....yet

      I hope you keep plenty of money in reserve if the very litigious Apple comes after you.
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  • Profile picture of the author kawaiian
    I think you will be fine. Just remember, if you start ranking in the top 3 pages for a long time, you might get a letter from Samsung. But by then, you have already made enough money and then you can disable the site.
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  • Profile picture of the author valvarga
    I think it can hurt you cos its trademark, plus because it is an EMD, and with G you never know.
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  • Profile picture of the author techbul
    If you really want to build an authority site that will be there for good, I advise against using Samsung in it.
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  • Profile picture of the author Nuno
    Many brands hire trademark protection services that detect when new domains using certain keywords are registered.
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  • Profile picture of the author JeremiahSay
    I don't know.. But why not start an authority site using your own unique brand doing Apple, Samsung, Nokia (whatever..) reviews instead of focusing only on samsung.. Why risk wasting away your hardwork? Besides, after g's EMD update, your site might not rank as fast as you expect it to be (or prolly won't even rank at all).

    Different people have different opinion, i'm not here to discourage you but merely let you know what i'd do instead.

    Do what you think is right
    Jeremiah
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    • Profile picture of the author UAS Mayhem
      Well it has pros and cons.You may get ranked for the term samsung tvs but get chased by, for using a trade mark.

      I knew one case, where this guy had a fan website on a japanese anime.The anime copyright owners and publishers supported him(his website ranked #1 and received around 5 to 6 million hits a month).At the end those copyright owners sued him and the only way he was able to get out of the trouble by giving in the domain name to the anime creators...So think twice about using a brand name in your domain, it can apparently come back at you.
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  • Profile picture of the author Peter S
    I am not here to tell you what to do, I agree converting to a review site about various
    branded TV & Home Theater products may well be you best option!
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  • Profile picture of the author sbucciarel
    Banned
    Of course you seem to already know that you're using a trademark and when you use a trademark it can bite you in the ass, as you say. It's usually not a matter of if it will, but when.
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  • Profile picture of the author DubDubDubDot
    Anyone telling you to use it is a reckless amateur and they belong on everyone's WarriorForum block list. TM domains are never a good idea.

    You could end up at WIPO...

    UDRPsearch - UDRP / WIPO / NAF / ADR.eu Domain Dispute Search

    If you are taken to WIPO a second time in a case that isn't so cut and dry, the weight of a previous loss will work against you. You've got to think long term. Even if you are just "here to make money" now, you may shoot for more serious development in the future. You don't want a history of squatting to put those projects at risk should some idiot play the UDRP lottery to try to take your domain.
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    • Profile picture of the author Jill Carpenter
      1. I am not a lawyer

      2. I wouldn't take that domain from you if you paid me to.
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  • Profile picture of the author Kevin McNally
    The fact you are asking the question suggests you already know the answer. Sure in the short term you can make some money but you will always be worrying about the trademark.

    In the past I had some great trademark domain names but just let them expire or cancelled them as it wasn't worth the hassle. Also if you are promoting amazon on the domain you may get kicked out their associate program for using a trademark url.

    Bottom line, it's not worth the hassle.
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  • Profile picture of the author murtuza
    I would advice you to not go with this domain name if you are planning to do a serious business out of it. Rather you can just use this domain name as a keyword capture tool for few keywords and put all your content on a different domain name. Doing this you can target few samsung related keywords and drive all your traffic to your other main content site. So if incase you have any issues with this domain in future, no worries as all your content and traffic is somewhere else...
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  • Profile picture of the author swing
    the best person to ask is a lawyer in trademark litigation a quick phone call will aliviate all your answers .

    which I have done as long as you dont try and sell samsung products on your site and you dont disrespect or degrade the name in any way

    there is no problem .

    cheers
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  • Profile picture of the author Nail Yener
    Originally Posted by Tim Baxa View Post

    Quick question for you guys- is having samsungtvsreview.com going to come back and bite me in the ass?

    Just a little worried about having Samsung in my domain name- really don't want to continue to develop the website if it is going to potentially prove to be an issue in the future.
    My humble advice would be: If you are not sure about something, just don't do it.

    Let's say that you built your site with that domain and invested a lot of time and money on it and brought it to a level of xxxx$ per month. Then you get an email from Samsung requesting that domain from you because it has their trademark in it. You will lose your xxxx$/month income and all your investment overnight.

    Could you live with that risk?

    Instead of choosing a domain that contains a trademark, why don't you find a generic domain about "tv reviews". That way, you can create content about all other tv brands as well.
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  • Profile picture of the author vinodtanvi
    you need to consider the legal aspect of it, so that you are not infringing any trademarks or copyright
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    • Profile picture of the author Tim Baxa
      Originally Posted by UAS Mayhem View Post

      Well it has pros and cons.You may get ranked for the term samsung tvs but get chased by, for using a trade mark.

      True and after all the input, I agree and its not worth the possibility of any sort of "chase".

      I knew one case, where this guy had a fan website on a japanese anime.The anime copyright owners and publishers supported him(his website ranked #1 and received around 5 to 6 million hits a month).At the end those copyright owners sued him and the only way he was able to get out of the trouble by giving in the domain name to the anime creators...So think twice about using a brand name in your domain, it can apparently come back at you.
      Wow, tough break man.

      Originally Posted by sbucciarel View Post

      Of course you seem to already know that you're using a trademark and when you use a trademark it can bite you in the ass, as you say. It's usually not a matter of if it will, but when.
      Originally Posted by Jill Carpenter View Post

      1. I am not a lawyer

      2. I wouldn't take that domain from you if you paid me to.
      C'mon now, even with my high quality 5$ header?? Haha

      Originally Posted by Nail Yener View Post

      My humble advice would be: If you are not sure about something, just don't do it.

      Let's say that you built your site with that domain and invested a lot of time and money on it and brought it to a level of xxxx$ per month. Then you get an email from Samsung requesting that domain from you because it has their trademark in it. You will lose your xxxx$/month income and all your investment overnight.

      Could you live with that risk?

      Instead of choosing a domain that contains a trademark, why don't you find a generic domain about "tv reviews". That way, you can create content about all other tv brands as well.
      Point taken, no I couldn't live with that risk, that would make me absolutely sick. And I do agree with the whole going with just Samsung is too narrow and would limit content and limit me to more of a MNS. And while that is okay, what I do have in mind is creating more of an authority. Thanks a lot man.

      Originally Posted by vinodtanvi View Post

      you need to consider the legal aspect of it, so that you are not infringing any trademarks or copyright
      Thank you guys for opening my eyes, as many of you said I already knew the answer somewhat. I am just always on the fence with things when it comes to IM and need someone to help me over the fence sometimes. That's my main problem when it comes to what is blocking me from the success I strive for online.

      Considering everything I've gathered from the answers from this thread, I am going to can the website. Now, would there be any sort of penalty or would it do any harm if I was to can the website and reuse the content for the new website. I would think it wouldn't matter since the content should be deindexed and thus making it all original again.

      Also, what you fellas think about using Optimize Press for a review website, I know most people think its primarily for landing pages, but it does have some good features for review pages also. More than likely going to use Amazon for monentization(sp?; its early) and maybe throw some Adsense around on some pages that aren't aiming to sell a particular product. Hell, may even through a Clickbank product or two in on some articles if at all possible, after everything is up and running and starting to get some action.

      Thanks a lot for input/suggestions and the help that is always so easily obtained at the Warrior Forum, it really is very helpful, inspiring, and very much appreciated.

      Have a great day all,

      Tim Baxa
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  • Profile picture of the author marketinguk
    Wow there's some seriously lousy advice from a few people here who perhaps ought to know better. (The likes of Suzanne and Jill Carpenter amongst those excepted lol).
    When I was a newbie I bought a site from someone with the domain name alienwarem17x.org. I didn't think much of the trademark problem to be honest.

    I then carried out SEO on it till it got to page 1 for some serious terms like Alienware m17x (spot 3) and believe it or not for the term alienware with over 600,000 exacts a month. I managed to get to spot 4 for alienware just below dell.com and alienware.com. I was making some serious cash from amazon as an affiliate for many months until....

    The dreaded email came through from Dell saying I should give up the domain etc. which I did pretty quickly. Why am I saying this whole story? To put it in black and white to you and others thinking of registering such domains to not waste your time on it. It's true I likely got into trouble since I was targeting such competitve terms so it was very noticable to Dell. However, it's always a risk and they do have people who spend plenty time looking out for people using their trademark when they shouldn't be.

    Joel
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    • Profile picture of the author Alexa Smith
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      Originally Posted by Joel Ross View Post

      Wow there's some seriously lousy advice from a few people here who perhaps ought to know better.
      There is indeed.

      But those people aren't still going to be there advising the OP when Samsung's legal department eventually swings into action. They don't need to worry. They'll be off "advising" somebody else at that point. :rolleyes:

      There are some purposes for which courts find it legitimate to use someone else's trademark in a domain-name, but they do tend to get tested in court sometimes (a lot of it's "precedent law") so this is a game for people with deep pockets. Those permitted uses also tend to exclude anything that involves financial gain/marketing.

      Among the things that can and regularly do happen, when the trademark owner discovers such breaches of trademark, are:-
      • They can tell you take it down
      • They can take the domain from you
      • They can take from you any money you've ever made through the site
      • They can sue you for additional damages for flagrantly breaching their legal rights
      Don't imagine that because "you're helping them to make sales" (as is often the case) they'll decide to be lenient.

      That isn't how it works.

      The point is that owning a trademark effectively confers obligations as well as rights on the holder: when it comes to trademark renewal time, if it can be shown that they've knowingly failed to protect their rights with regard to the trademark, that can be held against them. Some companies, for this reason, have the policy of pursuing all breaches of the trademark routinely and without reference to the motives/purposes/circumstances of the defendant.
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      • Profile picture of the author marketinguk
        Originally Posted by Alexa Smith View Post

        There is indeed.

        But those people aren't still going to be there advising the OP when Samsung's legal department eventually swings into action. They don't need to worry. They'll be off "advising" somebody else at that point. :rolleyes:

        There are some purposes for which courts find it legitimate to use someone else's trademark in a domain-name, but they do tend to get tested in court sometimes (a lot of it's "precedent law") so this is a game for people with deep pockets. Those permitted uses also tend to exclude anything that involves financial gain/marketing.

        Among the things that can and regularly do happen, when the trademark owner discovers such breaches of trademark, are:-
        • They can tell you take it down
        • They can take the domain from you
        • They can take from you any money you've ever made through the site
        • They can sue you for additional damages for flagrantly breaching their legal rights
        Don't imagine that because "you're helping them to make sales" (as is often the case) they'll decide to be lenient.

        That isn't how it works.

        The point is that owning a trademark effectively confers obligations as well as rights on the holder: when it comes to trademark renewal time, if it can be shown that they've knowingly failed to protect their rights with regard to the trademark, that can be held against them. Some companies, for this reason, have the policy of pursuing all breaches of the trademark routinely and without reference to the motives/purposes/circumstances of the defendant.
        I totally agree with your sentmients Alexa. All I would add is based on my own experiences with using a trademarked domain (years ago now lol) and ranking for some incredibly competitive terms as detailed above, I remember thinking at the time, "wow Dell must be really fed up with me stealing a nice chunk of their traffic and them getting peanuts for those places in Google when they would have been earning ....

        Enough said I think, please anyone thinking of getting involved with this, drop it before you may be forced to stop!

        Joel
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  • Profile picture of the author aizaku
    Here is what our dear friend Matt Cutts from Google has to say about EMDs and the such:

    How important is it to have keywords in a domain name? - YouTube
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