1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

Accidentally purchased a "Fraud" Domain

Discussion in 'Domain Names & Parking' started by zer07, May 9, 2011.

  1. zer07

    zer07 Newbie

    Joined:
    Oct 5, 2010
    Messages:
    36
    Likes Received:
    5
    I bought a domain name that had a brand name in it today and tried to host it on my current provider and they replied back to me with this statement.

    Followed by:

    What the hell does this mean? It has an exact keyword match of 10k and I had some good ideas for it!

    Also even if I do manage to host it, will google hate it and it be awful for SEO?!
     
  2. Narrator

    Narrator Power Member

    Joined:
    Oct 5, 2010
    Messages:
    507
    Likes Received:
    396
    Occupation:
    Internet Marketing
    Location:
    /dev/null
    If you use the name to market a product that is in a different industry than the trademark, you should be okay.

    i.e. Microsoft Lawn Service

    Otherwise, there is not much you can do, the company is legally obligated to protect their trademark.
     
    Last edited: May 9, 2011
  3. BlackSeng

    BlackSeng Jr. VIP Jr. VIP

    Joined:
    Mar 5, 2009
    Messages:
    1,963
    Likes Received:
    3,519
    Occupation:
       
    Location:
    SG50
    Basically it's a trademark infringement.
     
  4. zer07

    zer07 Newbie

    Joined:
    Oct 5, 2010
    Messages:
    36
    Likes Received:
    5
    They will let me host other domains with the trademark in but because this site has a "black mark" against it they won't let me, hardly seems fair to me.

    What about the SEO of it? Will google know of this and have a grudge against the domain name?
     
  5. Narrator

    Narrator Power Member

    Joined:
    Oct 5, 2010
    Messages:
    507
    Likes Received:
    396
    Occupation:
    Internet Marketing
    Location:
    /dev/null
    Google has a DMCA form where the company can report the trademark infringement. So, the site could end up being deindexed.
     
  6. oxonbeef

    oxonbeef BANNED BANNED

    Joined:
    Jan 4, 2009
    Messages:
    2,242
    Likes Received:
    7,872
    How did you try to host it? Did you not just point your domain to your nameservers?
    Surely that is not copy and paste, your hosts English is terrible it doesn't read right as a communication from a host regarding a legal issue.
    Was this an email? From whom did it originate?
    As you only purchased the domain today surely the site isn't even indexed yet so how did they know of its existence? If they were monitoring domain name registrations they would've purchased it themselves.
     
    • Thanks Thanks x 1
  7. zer07

    zer07 Newbie

    Joined:
    Oct 5, 2010
    Messages:
    36
    Likes Received:
    5

    It was a support ticket on my hosting provider. They are refferring to its previous existence, I tried transferring it to my hosting account today and it turns out they hosted the site before (by chance) and have forwarded me onto the lawyers in which said they cannot host it ever again!

    It is also banned by google I checked but you can get it unbanned if I request it and prove I wont be doign anything unlawful.

    If anything it might have some good back links to it from the previous scammers! haha, I guess it might be quite interesting to follow to see how it goes in SEO optimising a banned domain.
     
  8. oxonbeef

    oxonbeef BANNED BANNED

    Joined:
    Jan 4, 2009
    Messages:
    2,242
    Likes Received:
    7,872
    Stick it on another host, resubmit to google with nothing fraudulent on it.
     
  9. Nookie Monster

    Nookie Monster Senior Member

    Joined:
    Mar 28, 2010
    Messages:
    968
    Likes Received:
    463
    Location:
    USA
    I have never run into this. It is a most interesting topic to debate. Please let us all know how this turns out. Might be helpful to a few on here.
     
  10. zer07

    zer07 Newbie

    Joined:
    Oct 5, 2010
    Messages:
    36
    Likes Received:
    5
    Well I have got a bit fearful of using it as it is a trademarked domain....e.g <trademark>-products.com for example.....and it's a HUGE company.

    What is everyones thoughts on that? Should I use it or not? I mean is just buying it alone an offense? It seems I cannot resell it as I have to tick a box "this domain does not infringe on copyright" on website auction sites! Am I just stuck with it?
     
  11. 0_inspiration

    0_inspiration Regular Member

    Joined:
    Mar 2, 2011
    Messages:
    440
    Likes Received:
    102
    Occupation:
    Office monkey
    Location:
    Sussex, UK
    Parody or fan site?
     
  12. Madruga

    Madruga Senior Member

    Joined:
    Mar 16, 2011
    Messages:
    915
    Likes Received:
    1,506
    Occupation:
    IM & Enjoying Life
    Location:
    Europe
    Hm..I have a domain which has the word Skype inside... will I go to prison with Michael Scofield because of that?
     
  13. Bross

    Bross Senior Member

    Joined:
    Feb 6, 2010
    Messages:
    859
    Likes Received:
    355
    I wonder why you never thanked anyone.

     
  14. acotut

    acotut Elite Member

    Joined:
    Dec 1, 2010
    Messages:
    2,294
    Likes Received:
    1,040
    Gender:
    Male
    Home Page:
    Just go for OFFSHORE HOSTING,they won't care about it,same happend to me many times,and since I turned offshore,everything is ok.

    PM me if you need a good offshore one.
     
    • Thanks Thanks x 1
  15. rickstar

    rickstar Elite Member

    Joined:
    Dec 9, 2009
    Messages:
    1,979
    Likes Received:
    871
    Home Page:
    Google's algorithm can't detect trademark domains unless manually reported. You should be fine with rankings if you decide to host it, unless they receive a complaint which could lead to it getting deindexed.
     
  16. zer07

    zer07 Newbie

    Joined:
    Oct 5, 2010
    Messages:
    36
    Likes Received:
    5
    Fan. I will be "praising" the company and kissing ass. They shouldnt mind....and then was gonna just put lots of affiliate stuff to them.
     
  17. 0_inspiration

    0_inspiration Regular Member

    Joined:
    Mar 2, 2011
    Messages:
    440
    Likes Received:
    102
    Occupation:
    Office monkey
    Location:
    Sussex, UK
    Ok, don't take my advice as having any sort of weight at all.... but fan use/reviews/parody can all be viewed as fair use (for proof of this look at pretty much any pornographic remake, such as 'Not the Munsters' or 'Not Married with Children', these are both clear contravention of intellectual property, further more they bring the trade maker holder into disrepute, but because they have a parody sticker on the front they're able to be sold).
    So long as you aren't directly making money from their trademark (somewhat difficult to do...), and you have clear disclaimer pointing out that your site is only for information/fan/parody purposes or something similar then it can be termed fair use (a text book example of this wuld be the Wikipedia entry on say, coco-cola, uses their brand, logo etc and has all the legalise to explain why its fair use).

    Now the thing is, none of this will help you if they decide to come after you (the entire system is totally skewed toward big business), but what you can do is make yourself a lower priority target. For instance in my niche there are websites with the EXACT trademark offering downloads for all their products, I however stick to information and revenue that doesn't mention them at all. The fact that they haven't defended their IP against these worse violaters should mean that they have given up their right to it (IP law states you have to continue to defend your IP if you wish to keep it), obviously no judge is going to rule against a big company, but I should at least have some warning before they come after me lol

    (Like I say though, I am not in anyway legally minded, and most of this is probably bullshit)