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Does domain like HostgatorCouponCodes2013.com fall under trademark issue

by Sumit thakur
12 replies
I have domain name HostgatorCouponCode2013.com and i wish to develop an affiliate website on it before Cyber Monday and Black Friday 2013, but the problem is that my domain has keyword "HostGator" in it... so does it fall under any trademark issue ??? or it will be fine to use this domain as ultimately i am going to promote Hostgator itself
#domain #fall #issue #trademark
  • Profile picture of the author jazbo
    Email Hostgator and ask them to run it through their legal team. Most companies are more than happy to tell you. As long as you reassure them its a genuine affiliate site, I think they might be fine with it.
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  • Profile picture of the author TabulaWeb
    It's 99% safe. You are using an affiliate site for Hostgator hosting services, you do not offer any kind of hosting services yourself, that would be a problem.
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    • Profile picture of the author Richard Tunnah
      Originally Posted by TabulaWeb View Post

      It's 99% safe. You are using an affiliate site for Hostgator hosting services, you do not offer any kind of hosting services yourself, that would be a problem.
      Sorry this is poor advice. Just because you are promoting their services you are still breaching their trademark without permission.
      I'd definitely ask them first and get it in writing. The other issue you could have in future is they could not pay your affliate commissions for breaking their terms (it may say in the affliate terms you can't use hostgator in your promotions without written permission).
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    • Profile picture of the author Steve B
      Originally Posted by TabulaWeb View Post

      It's 99% safe. You are using an affiliate site for Hostgator hosting services, you do not offer any kind of hosting services yourself, that would be a problem.

      NO!

      Any time you use a company name in your domain you are on extremely thin ice. It doesn't matter if you'er are an affiliate for the company or not.

      Don't say that everyone else does it. Sure, there are a lot of people that openly infringe on trademarks and haven't suffered just yet.

      Who builds a company or an income stream on such shakey ground?

      Steve
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      • Profile picture of the author JohnMcCabe
        Email Hostgator and ask them. That will be the only answer that counts.

        And if you should get permission and decide later to get clever and slip in promos for another hosting site, be prepared for a legal shitstorm.
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    • Profile picture of the author Devin X
      Banned
      Originally Posted by jazbo View Post

      Email Hostgator and ask them to run it through their legal team. Most companies are more than happy to tell you. As long as you reassure them its a genuine affiliate site, I think they might be fine with it.
      Incorrect. Even as an affiliate, most companies will never allow you to do this.

      Originally Posted by TabulaWeb View Post

      It's 99% safe. You are using an affiliate site for Hostgator hosting services, you do not offer any kind of hosting services yourself, that would be a problem.
      Completely incorrect. You're probably not even from the U.S. so why are you giving legal advice?

      Read:Web Hosting Services, Reseller Hosting, VPS Hosting, and Dedicated Servers by HostGator

      Furthermore, this is not the place to solicit LEGAL ADVICE. If in doubt, ask a lawyer! You're a big boy.
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  • Profile picture of the author DeborahDera
    Most brands are AGAINST this - mainly because it makes it look like THEY are endorsing something when they are not and actually have no control over the content on the site.

    As always, this is a great question for a lawyer, but I'm pretty sure you'll find this in HostGator's TOS.

    Originally Posted by Sumit thakur View Post

    I have domain name HostgatorCouponCode2013.com and i wish to develop an affiliate website on it before Cyber Monday and Black Friday 2013, but the problem is that my domain has keyword "HostGator" in it... so does it fall under any trademark issue ??? or it will be fine to use this domain as ultimately i am going to promote Hostgator itself
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  • Profile picture of the author Fazal Mayar
    Email Hostgator it's risky you have to make sure you are good to go.
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  • Profile picture of the author Gengis
    The only way to know for sure is contacting them to find out. I would give them a call and ask to speak to someone that deals with copyright issues to get a good answer.

    Anyones advice on here is as good as you just guessing if it is acceptable or not. Do your own leg work and find out before you waste any time.

    Good luck,

    Gengis
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    • Profile picture of the author Sumit thakur
      I Have contacted HG and waiting for them to reply. Will let you know shortly.. Thank you all for replies to my query
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