A question about TRADEMARK

kikiriki · Feb 7, 2012

Hey guys i just want to make sure i will not make a mistake and build a site
on a trademark or brand name.
My question is this:

If my domain name contains: a song name, a movie name, a game name, a
car name or even a drug or name, will that consider to be a trademark or
something wrong?
If i use the word Iphone or Youtube in my domain, will somone get mad about it?
I am asking because i have an option to buy a lot of available keywords like
movienamreview.com or iphoneblabla.com and stuff like that.

So someone please clear this out for me.
Thank you.

jascoken · Feb 7, 2012

Any URL which contains a trademarked term can be considered by an IP lawyer as infringement...

They can claim it's success is due to leeching off the authority of the brand name. You may get a cease and desist letter, or you may be really unlucky and just get them take yout to court (assuming you're in a country with suitable laws)

prats2992 · Feb 8, 2012

I would really advise you to stay away from them.

One of my friends owned http://geniebrareviewsx.com/

which was ranking for the keyword "Genie Bra Reviews" and was making

him a nice 2K every month on autopilot.

But one fine day, the company contacted him and asked him to take the domain

down.

So trust me, you are better off going with domains which does not have a trademark name in it.

poweronics · Feb 8, 2012

prats2992 said:
I would really advise you to stay away from them.

One of my friends owned http://geniebrareviewsx.com/

which was ranking for the keyword "Genie Bra Reviews" and was making

him a nice 2K every month on autopilot.

But one fine day, the company contacted him and asked him to take the domain

down.

So trust me, you are better off going with domains which does not have a trademark name in it.

I agree with him as this happens sometimes and you get yourself in trouble. So better avoid that.

phlex · Feb 8, 2012

Not worth it. I know a few people who had to give up their website because of the use of registered trademarks in the domain name.

However, might still depend on which kind of TLD you use / where the registry is located, where you and your website are located and so on. You'd still piss some people off but they might not be able to take down your site that easily. But again, it's not worth it... with good SEO you don't really need the registered trademark in your domain name. Why take the risk?

mojamalatajna · Feb 9, 2012

Ok so what about all those iphone5 sites and according to this we cant make niche sites that are close to games and movies ? WTH ?

kikiriki · Feb 9, 2012

mojamalatajna said:
Ok so what about all those iphone5 sites and according to this we cant make niche sites that are close to games and movies ? WTH ?

Good question, i would like to know the answer as well please.

ihsan2all · Feb 9, 2012

Just Take It, Make some profit, If the trademark owner ask you to take it down, just shut it down and run. It's no problem coz you have get the profit.

In case, the problem come if the owner of trademark brings you to the court and ask an indemnity.

Clemenza · Feb 9, 2012

Best advice is to ask the company directly - explain your intentions... save a copy of what they say (if it's a yes) and you're good to go.

Oukast · Feb 9, 2012

mojamalatajna said:
Ok so what about all those iphone5 sites and according to this we cant make niche sites that are close to games and movies ? WTH ?

Of course not - it's still the TM. But the thing is, that (depending on the type of the site), the original company might just be able to reap revenue themselves, and thus leave your site alone.

For a blunt example, take "fake iphone4" and "iphone 4 covers". First one obviously would be (possible) loss for the company due to the counterfeit item, but the second one can only increase sales, since people have no use for the said covers unless they have the iPhone.
I know for majority of the sites this might be just a line drawn to water, but you'll get the idea.

HazardPT · Feb 9, 2012

Clemenza said:
Best advice is to ask the company directly - explain your intentions... save a copy of what they say (if it's a yes) and you're good to go.

Trust me. If you contact them first they will ask you to shut it down.

Like others said...make money on it first. If they contact you afterwards, you can shut it down once they make the request.

I'm speaking from experience also.

kikiriki · Feb 12, 2012

Last question that i have about this is if including a state or city name in the domain
is wrong and can get some troubles?
Like NewYorkMortgage or something like that?

BufferOver · Feb 12, 2012

How about game name, football club?

kikiriki · Feb 13, 2012

Yes i want to know that too.

zerospin · Feb 13, 2012

How can I know my domain name does not contain some little known trademark? Are there sites where this can be checked?

A question about TRADEMARK

kikiriki

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jascoken

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prats2992

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poweronics

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phlex

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mojamalatajna

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kikiriki

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ihsan2all

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Clemenza

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Oukast

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HazardPT

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kikiriki

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BufferOver

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kikiriki

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zerospin

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