Computer game names in domain

24 replies
Is it okay to put a computer game name in your domain name? GearsofWarfans.xxx or tombraiderforum.xxx for example?
#computer #domain #game #names
  • Profile picture of the author Matt Morgan
    I would get some legal advise on adding game names in a domain name,

    from a lawyer as you don't want to get into any trouble later on down the line, so generally stay away from doing this.
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  • Profile picture of the author Dan Grossman
    No, it's not OK. This is trademark infringement and not only are you legally liable for damages caused to their brand because of it, they can also trivially take your domains by filing a UDRP complaint (Uniform Domain-Name Dispute-Resolution Policy).

    You can run a legal website on the topic of these games, but you can't use trademarked terms in your domain name.
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    • Profile picture of the author brutecky
      Originally Posted by Dan Grossman View Post

      No, it's not OK. This is trademark infringement and not only are you legally liable for damages caused to their brand because of it, they can also trivially take your domains by filing a UDRP complaint (Uniform Domain-Name Dispute-Resolution Policy).

      You can run a legal website on the topic of these games, but you can't use trademarked terms in your domain name.
      Well of course it is country dependent, but since your from the US Im going to assume that you are talking about US law. In which case your quite wrong.
      . A little research brings up:

      Nominative use - Wikipedia, the free encyclopedia

      Here is case law referring to usage in a domain name:

      ‘Nominative Fair Use’ Allows Trademark Used on Website & Domain Name

      Basically so long as you dont:

      1) Pretend your affiliated or are the trademarked name
      2) Use it more than absolutely needed.
      3) Create the likelyhood that people will confuse you for the company owning the trademark.

      Your fine. #1 and #2 are easily satisfied by not pretending your the company and also a disclaimer in the footer.
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    • Profile picture of the author Saul
      Originally Posted by Dan Grossman View Post

      No, it's not OK. This is trademark infringement and not only are you legally liable for damages caused to their brand because of it, they can also trivially take your domains by filing a UDRP complaint (Uniform Domain-Name Dispute-Resolution Policy).
      You can run a legal website on the topic of these games, but you can't use trademarked terms in your domain name.
      I agree with brutecky, this is just a random generalization that doens't really have any relevance to the real world... of the internetz.

      The fact is, it depends on which game and who distributes it: Sony and Electronic Arts are notoriously quite strict on their copyright enforcement (sony has gone even to the point of claiming ownership and ad revenue from most youtube video with some of their games in it, like supermario etc).

      Other game companies are way more smart and understand the power of "fandom" and free promotion, and they will actually *give* you materials (images, videos, text) to build a fan website and allow you to use their name in your domains (but again, every company has their own policies you should check, there's no universal rule).

      Of course it needs to be clear that yours is a FAN website, and there shouldn't be any doubt that your website isn't the official game website, but other than that obvious thing, the rest should be just fine to use - as long as the original game copyright holders are fine with it.

      Check their websites, check if they allow people to build fansites and go ahead if they do. Just remember that they still hold copyright and the fact they *allow* you to use thei Intellectual Property today does not mean they will forever: any time they could pull the plug and decide you're not allowed to use their name anymore (most often happens when IP changes hands and companies buy each other out)... so yeah, not the safest of business plans ;-)

      ciao and good luck - let me know if you start any gaming related website :-D

      ciao!
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  • Profile picture of the author FreeMeal
    Thanks for the replies. I wondered because it seems common practice with many popular websites. Even the less popular computer games get astronomical traffic potential
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  • Profile picture of the author Isaiah Coe
    You can do it, I have several names with trademarked game names. Usually game companies/devs don't care. But they do have the right to cease the domain from you at anytime. Again that usually never happens.
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  • Profile picture of the author writeaway
    Unless you're going to make it a satire or parody site, you might get a trademark complaint.
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  • Profile picture of the author FreeMeal
    What about a subdomain? Wikia.com seem to be able to do it, and plenty of other authority sites.

    "Skyrim", for example; a game released a couple of years ago, still gets well over one million, two hundred thousand searches per month. Makes your eyes water.
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    • Profile picture of the author Dan Grossman
      Originally Posted by FreeMeal View Post

      What about a subdomain? Wikia.com seem to be able to do it, and plenty of other authority sites.
      Some of those are because Wikia has entered into contracts in which they have licensed the names. They signed one with Sony for permission to the Planetside name and content, for example.

      Copyright's also an issue if you intend to use logos, screenshots or other imagery from the games you want to make websites about. Wikia has an edge here too: the content is all user-generated. Wikia cannot be held liable for copyright infringement done by users of the site as long as the owners aren't engaging in it too -- that's the safe harbor provision of the DMCA. If you write the site yourself, there's no safe harbor protection.
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      • Profile picture of the author brutecky
        Originally Posted by Dan Grossman View Post

        Copyright's also an issue if you intend to use logos, screenshots or other imagery from the games you want to make websites about. .
        Once again:

        US Copyright Act of 1976, Section 106:

        permits copying of images or text for "criticism, comment, news reporting, teaching, scholarship, or research."

        Fair use - Wikipedia, the free encyclopedia


        Dude I dont want to be rude, but really man stop talking, your saying this that are false. If your not sure of something and just 'think you know' then you really should say nothing. If you are sure then link to the law (such as I have)
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        • Profile picture of the author Dan Grossman
          Originally Posted by brutecky View Post

          Once again:

          US Copyright Act of 1976, Section 106:

          permits copying of images or text for "criticism, comment, news reporting, teaching, scholarship, or research."

          Fair use - Wikipedia, the free encyclopedia

          Dude I dont want to be rude, but really man stop talking, your saying this that are false. If your not sure of something and just 'think you know' then you really should say nothing. If you are sure then link to the law (such as I have)
          I know these laws quite well. Feel free to stop by my office; I can quote you the entire text of the Digital Millennium Copyright Act verbatim with no reference. You seem to think the fair use defense is far stronger than it is. Everything that can be put on a game fan site or discussion forum is not protected editorial commentary, nor would that excuse unlimited amounts of infringement! The nature of the work is only one of the four pillars in the test, and the vast majority of forum posts about a game aren't going to pass any of them.

          Take your own advice before you hurt someone. Read the page you linked, and read the case law. 90% of jurisprudence is not the text of the bill (and none of it is reading the first 3 sentences of a wikipedia summary, as that's apparently where you stopped).
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          • Profile picture of the author brutecky
            Originally Posted by Dan Grossman View Post

            Read the page you linked, and read the case law.
            You mean case law such as:

            Sony VRS Bleem?

            Yes of course you know the laws I have pointed to after I link to them .. right .. anyway I never said everything you can post is protected .. you did say that you WILL , by the way you might have conviced me untill you made that boast comment

            Originally Posted by Dan Grossman View Post

            I can quote you the entire text of the Digital Millennium Copyright Act verbatim with no reference.
            96 pages word for word without reference .. sorry man I dont believe that for one second and the fact that you would boast that you can do that makes me not believe anything else you say.

            Anyway its a free country say whatever you want .. all the best
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  • Profile picture of the author dmeirx
    i already used one domain about guildwars 2 but got no issue... also if you make it as fanpage and let them now you can use... usuallay they dont care... but for some games they care.
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  • Profile picture of the author hustlinsmoke
    You know I have had several occassions where I received that email from that desk jockey who claims to be a lawyer who actually is probably a paralegal anyways.

    Ebay, Amazon, the NFL...... Yes I am important and don't forget it :-)

    Only once did I pull a website down because they were correct and I was green.
    I didn't pull it down for ebay, Amazon or the Nfl because all three sites had nothing on them and they could not tell me my domain name meant there brand. For each domain had two or three other words with it.

    Now with that stated, I have used exact names of games and other products to promote them and have never received notification about pulling it.

    I think most know that if your using it responsibly and making money for them they will not say anything.

    So make a judgement call, if you get a letter and make sure they can find you so you get it. Then pull it.

    I did let the ebaystudyguide.com amazonstudyguide.com and nflwinningstreak.com expire though. No good to me since I really couldn't use it after that.
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  • Profile picture of the author ReferralCandy
    Originally Posted by FreeMeal View Post

    Is it okay to put a computer game name in your domain name? GearsofWarfans.xxx or tombraiderforum.xxx for example?
    www.tombraiderforums.com - Powered by vBulletin actually exists, and Gears Community Online Network | A Gears of War Fan Site is close to what you were looking for.

    Is it illegal? As Dan pointed out, if the game creators want to screw you for it, they most certainly can do so. So that's a risk you'll have to take if you want to do so.

    Here's what's important- STRONGLY emphasize that your sites are fan sites and community sites, unofficial sites, etc. If you build a great community of engaged fans, the game developers might even see you as an asset, contact you, engage you, etc. Or they might try to shut you down. It can go either way.

    The risk-free approach is to avoid it altogether. But that might not necessarily be the most rewarding path.
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  • Profile picture of the author leoj888
    But be careful do so,it may has trademark issue,
    or you can get approved by the company then you may do
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  • Profile picture of the author moviefigures
    Funny enough I had this case with a company I work for and went through the process to get the domain off of someone profiting from our name. But it was specifically the same company name. I'm from the UK like you. This probably differs in the US.

    Technically you can do it but the company who owns the trademark can come after you to buy the domain from you or legally get it transferred via Nominet in the UK. The service is this:

    Resolving disputes & complaints | Nominet

    It's still a pretty sketchy area IMO. If you tried to get say gearsofwar.com the games company would come after you and be able to get the domain no problem.

    But if it's gearsofwarfans.com or similar, they would debate whether it's really worth it (the process can cost several hundred Pounds) and whether your site adds value to their brand as a fan site. I think they could try and get the domain off of you but might be happy for you to serve their fans if you're doing a nice job that's not ripping the fans off. So really it's a gamble and it depends on the content you're offering.

    What is interesting, and somewhat annoying to the trademark owner, is that when you complain Nominet first query with the owner of the domain if they agree they are ripping off the trademark owner. If they say no and come up with a reason, Nominet side with them and give the complainer the option to go to a judge which costs about £800 win or lose. Another option is to broker a settlement fee with the domain owner which is often about the same cost as the judge option but guarantees transfer so most people end up opting for this. What this means is if anyone buys a bunch of domains cheap, they can often make a nice profit by waiting until the owner complains and then sell them for £800 each. In our case, the guy got our name in a domain for just £30. Nice profit for him!
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  • Profile picture of the author FreeMeal
    Thanks for all the replies. Very helpful.

    I just want to point out tho that I didn't want to draw attention to any website in particular. That's why I used .xxx
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  • Profile picture of the author ClearSolution
    If this was a fan site and completely not-for-profit you can have a go at it, otherwise stay clear from doing this for business/commercial purposes.
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  • Profile picture of the author Rebeccha Haase
    If you are willing to create a gaming website or forum, why would you bother to add a game name in the domain? There are thousands of other beautiful gaming related domains available.
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    • Profile picture of the author Saul
      Originally Posted by Rebeccha Haase View Post

      If you are willing to create a gaming website or forum, why would you bother to add a game name in the domain? There are thousands of other beautiful gaming related domains available.
      if a website is about one specific game (and not "gaming" in general) it does make sense to have the name of the game in the domain... at the very least for seo purposes, as well as to make it easier for interested users to recognize it as something they might be interested in ;-)
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  • Profile picture of the author RogueOne
    I own gearsofwar3secrets.com, anyone want to buy it?
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    • Profile picture of the author FreeMeal
      Originally Posted by RogueOne View Post

      I own gearsofwar3secrets.com, anyone want to buy it?
      hehe... worth a try I suppose!
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  • Profile picture of the author Vin Venture
    Issues can definitely pop up when you start using copyrighted product names in your domains. When promoting games launches, I use a central gaming domain (topgamesales.xx, gamingoffers.xx, etc..) then use sub-domains to include the game names (gearsofwar.topgamesales.xx). You can easily remove the sub domain without risking your entire site.
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