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Copyrights in Domain Name?

Discussion in 'Black Hat SEO' started by Troshi, Mar 29, 2012.

  1. Troshi

    Troshi Senior Member

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    Okay, I haven't been able to find a coherent answer to questions about copyrights inside of domain names.

    I just bought a domain name with "Microsoft" in the name. Can Microsoft force me to give them the domain name? Or can they only force me to take down the site. What if they forced me to take down the site, could I transfer the domain to a new registrar and use offshore hosting?

    Also, I think this name is pretty damn valuable. I'm really worried about the copyright, since I went to list the domain on SEDO (just to see what I would get offered) and they wouldn't let me due to 3rd party copyright infringement.
     
  2. blackberry

    blackberry Power Member

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    In terms of US law copyright law :

    A trademark or service mark includes any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services.

    Take note of the words "or any combination". So yes Microsoft can go after you for having "Microsoft" in the domain name. That can be through DCMA or legal action to transfer the domain name over to them as well as other measures like suing you.
     
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  3. nYXem

    nYXem Power Member

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    Yes dude they have got every right to claim the domain.
    If you intend to sell it off, then fine.
    But if you want to use it, make sure you don't make any site that goes against Microsoft's policies/rules or whatever.
    Do something positive with it rather going against them. That way, even if the site gets big, they may not worry about banging it down, as it won't hurt them. My guess. You never know :p
     
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  4. Subsonic

    Subsonic Regular Member

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    Guys above me said everything already so I'm going to tell you something else.

    Microsoft and its products are highly searched for on search engines and because of trademark issues there are quite a few available EMD's related to Microsoft. I'm running a custom built software which finds and analyzes highly searched for/profitable keywords and checks EMD's and I would estimate that I have over 100 Microsoft related keywords (with at least 2000 exact global searches per month) in my stock. Most of them have xx'xxx searches.

    If you manage to sell that domain and want some more pm me!

    Here's an example of keywords I have:

    Internet Explorer Download (90,500 monthly searches, NET and ORG available, CPC €0,2)
     
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  5. nYXem

    nYXem Power Member

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    Right.

    Like you said internetexplorerdownload. Now IE is a free tool, so I don't think Microsoft will bother much about this domain.
    But what if it was something like windows7downoad? Problems might arise then :p
     
  6. JordanUK

    JordanUK Newbie

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    if you create a site around the download of windows 7 then ofcourse your hosting is going to get an email which will be forwarded to you forcing to close down the site/domain because it is MISLEADING
     
  7. nYXem

    nYXem Power Member

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    Misleading? How?
    I was talking about a site that actually provides cracked windows 7? I think that type of domain will get taken down by Microsoft, at least for domain copyright infringement if not for the product.
     
  8. bobbylove321

    bobbylove321 BANNED BANNED

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    Because it is trademark, you can get in trouble for having their name in your domain.
     
  9. TZ2011

    TZ2011 Senior Member

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    Its not just issue with microsoft, but with any big company. Recently I got message from amazon, for 2 of my domains:

    "We do not accept any website with a URL that includes amazon, kindle, endless, or any other trademark of Amazon.com, Inc. or its affiliates. This also includes variations or misspellings of any of them.

    Please review our Operating Agreement for further details:

    https://affiliate-program.amazon.com/gp/associates/agreement

    Additionally, we do not accept URLs which contain our competitors' names or any misspellings of our competitors' names as a gesture of goodwill to the Internet industry."

    My domains was a nice combination of words azon and feed. Didn't want to make problems for other sites and general account so I removed domains.
     
  10. kegnum

    kegnum Senior Member

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    Right now there are tons of these bitches floating around the web.... I have a feeling that as the internet becomes less like the wild west in a few years, there are going to be some crack downs. I would avoid them, you could get into some trouble.
     
  11. merlinm

    merlinm Newbie

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    it may not legally be open for use. Why? It's because they might already have the rights to the keywords used within the domain name. A few years ago I used paypal in my domain name and they asked me "friendly" to take the site down, if their legal guys write you an email it scares the shit out of you, I also just did not renew the domain after that. Same thing with amazon the product models in a domain well if you got big ones ride it out they will send you an email first, make the bucks and close shop :eek:
     
  12. Risaharada

    Risaharada Junior Member

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    A year ago, I have a domain named "bestdualsaw.com", this one-page site's niche "dual saw" ranked to 2rd, under the official dual saw site, then, my domain was taken by official dual saw, i felt very angry at that time. So I created about 10 one-page sites but named others to rank "dual saw", after that, no one was taken by official dual saw site, they can't do that.
     
  13. Troshi

    Troshi Senior Member

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    Would changing to a offshore registrar like internet.bs change anything?
     
  14. mullet

    mullet Junior Member

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    I recently registered a domain with the word "microsoft" in it, 6 hours later I received a takedown notice from Microsoft, was quite a lol..

    About 5 years ago, there was a guy with the legit name of Mike Row. He was a software developer and thus named his site mikerowsoft(dot)com, and Microsoft took him to court. I am not 100% sure of the outcome but if they will take such action with a domain like that, imagine if you put their entire company name in one of your domains.... Not good.
     
  15. Madruga

    Madruga Senior Member

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    Maybe along with an offshore host as well. But don't rely on that if you are planning to go big with something
     
  16. Subsonic

    Subsonic Regular Member

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    I remember that, it was one of those wtf moments in domaining world. :D The domain was MikeRoweSoft.com and in the end Rowe gave the domain to Microsoft and got free products and training from them. Not a bad deal!
     
  17. drwhite

    drwhite Regular Member

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    Yeah you better leave big companies alone , probably they will not notice you , but if they do one it's going to be a big waste of time and money of many months of work. Just stick with non branded key words, there are milions :)
     
  18. Corleone 1

    Corleone 1 Newbie

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    If your domain is outside the USA then DMCA does not apply to you. Just so you know.
     
  19. blackberry

    blackberry Power Member

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    Well no, thats not quite true.

    In the USA the legal team of lets say Microsoft may issue a DCMA if the domain name is registered in the USA and or if the owner if the domain is USA registered.

    However, a company like Amazon or Microsoft has offices all over the world, therefore in the case of the UK or Australia or whatever they will issue the equivalent of a DCMA based on the laws of the relevant country.



     
  20. makemorefun

    makemorefun Registered Member

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    I know that everyone has their own experience, but my rule #1 when I looking for niche is stay away trademarked domains, there are so many risks around when starting new project that be under another possibility just not worth it.

    But if you wanna play game, why not.