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Trademark in Domain

by RayW
8 replies
  • SEO
    • |
Is it ok to have a trademark in the domain if you're selling that company's products? I have seen many websites doing this that have been around for 3+years on the first page of google and still haven't been taken down.
#domain #trademark
  • Profile picture of the author paulgl
    Some companies mind, some don't.

    They have to file a complaint with ICANN first.

    There is a process for filing a complaint. They can't just
    take a domain. Your server may shut you down, if they
    choose. But you can always find a host willing and able.

    Like you said, you see them all the time and they last, no
    problem.

    You also have the sky-is-falling people. Who just don't know
    any better and tremble in their boots.

    There are people who think anyone can just up and take a domain.

    Only the US government can seize a website without due
    process. I think they did that recently with a bunch of illegal
    gambling sites.

    Paul
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  • Profile picture of the author RayW
    I think companies would have a problem if you were using their trademark and selling a competing product. That would definitely get a site taken down since you're blatantly misusing the trademark and hurting the company's business. If you're selling products of the company whose trademark you're using, I don't think many companies are gonna have a problem with that... some might though, you never know.
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    • Profile picture of the author MikeFriedman
      They might also feel though that you are misleading their customers into believing you represent the company directly.

      If it is a trendy, here today, gone tomorrow type product, I might risk it.

      If it is something that could last for awhile, I think it would be kind of silly to take the chance of doing a bunch of work to drive traffic to the site, only to have it ripped out from under you with no warning.
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      • Profile picture of the author paulgl
        Originally Posted by MikeFriedman View Post

        If it is something that could last for awhile, I think it would be kind of silly to take the chance of doing a bunch of work to drive traffic to the site, only to have it ripped out from under you with no warning.
        Silly to take a risk, agreed, but they can't take it without a warning.
        In fact, even with a warning they can't take it. ICAAN does not
        allow taking. They do have to prove their case. If people wish
        to go through with it.

        If you have use their name to sell their products, or like products, normally
        that is something they seriously don't like, as people may confuse you
        as being an official site. That's what gets people into trouble.

        Apple is one of the most lenient, and strictest, companies.

        If people realized you get real juice for words in url, they would concentrate
        on easy stuff like that. Silly thing is, there is some rumor going around that
        using a trademark in a url is "illegal." But that may take court lawsuit.
        Courts are a lot messier than ICAAN and domains.

        Paul
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        • Profile picture of the author MikeFriedman
          Originally Posted by paulgl View Post

          Silly to take a risk, agreed, but they can't take it without a warning.
          In fact, even with a warning they can't take it. ICAAN does not
          allow taking. They do have to prove their case. If people wish
          to go through with it.
          Paul, you are absolutely right. By take it without warning, I meant more figuratively, than literally.

          Personally, I would never try building any segment of my business based on someone else's trademark. That is building a house on sand rather than concrete.

          Besides, just use pages instead of the domain that have the trademarked term. Pretty sure you get the same benefit.
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  • Profile picture of the author RayW
    I've heard that a good way to tell if your site is gonna get hit for having a trademark in domain is to see how much advertiser competition there is for it on adwords. If the competition is low, that implies that means stay away, if competition is high, it means your site will likely be ok. I guess this is because if a company doesn't want a site with its trademark in domain, it also doesn't want sites bidding on keywords that contain its trademark. After doing some keyword research on google keyword tool, most product name keywords containing a company's name have very high advertiser competition but not all of them.
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  • Profile picture of the author MatthewGreen
    I have a few brand named domains and what i have found is they don't mind as long you are selling there products but they will get mad if you start to sell there competitors products.
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  • Profile picture of the author MaxReferrals
    Presume you're buying PPC, or using that for an affiliate push.

    Better read the T&C of their offers, which should be spelled out in the program conditions within the aff network.
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