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Copywright issues with domain name

Discussion in 'White Hat SEO' started by Assthetics, Jun 4, 2016.

  1. Assthetics

    Assthetics Newbie

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    Inspired by worldofharry.com , a site created by a user here, I have decided to create a similar site.

    The issue I am having at the moment is deciding a domain name, and therefore a brand, logo, etc. I have found a domain I like, which uses the trademark name. So using the example above, it would be worldofharrypotter.com (except harrypotter would be exchanged for my trademarked name)

    Is this illegal to do? worldofharry.com is fine I think because it doesn't actually use the trademarked name to make money off of.

    I don't have a lawyer to speak to so I am unsure if this is ok or not. My gut tells me no.

    Sorry if this is in the wrong forum, I couldn't seem to find a relevant sub-forum.

    EDIT: This site will be a e-commerce site, selling unofficial franchise related products
     
    Last edited: Jun 4, 2016
  2. BassTrackerBoats

    BassTrackerBoats Super Moderator Staff Member Moderator Jr. VIP

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    You may or may not have an issue depending on how protective the owner of the Mark is; that has never stopped me from registering a domain that was for very specific niche idea. Odds are that if there is an issue all you will have to do is to give up the domain.
     
  3. Assthetics

    Assthetics Newbie

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    I forgot to mention this site will be selling unofficial e-commerce, so they will gain nothing from it. If I lose the domain name I will also lose the logo, brand etc. I have started making facebook/twitter/instagram for this particular brand name, and I don't think those can be changed on a whim. I'm thinking I will go with a domain name/brand that doesn't contain the full trademarked name, much like worldofharry, but the one I have is damn good so I'm not sure what to do :(...
     
  4. JabbaTheHutt

    JabbaTheHutt Regular Member

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    Well I guess it depends on how your site is related to the trade mark. For exam Microsoft has TM'ed Windows but I don't think they would if someone selling real Windows with a domain like coolWindows.com But if you sell a operating system then they will be.

    trademark is a trademark if you are going to sell something similar there is a big chance it mess your whole project.
     
  5. Assthetics

    Assthetics Newbie

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    True. I think Yarossss got away with it because he did not use the full trademark. I will have to think about my niche some more to come up with a good domain name.
     
  6. BassTrackerBoats

    BassTrackerBoats Super Moderator Staff Member Moderator Jr. VIP

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    If it is a long term project, one that you want to have around for your children, it makes sense to stay away from a trademarked domain name.

    The ones I own(ed) are/were all hit and if I had to run, fine but nothing that would break my heart or affect me in any long term way should I lose them.
     
  7. juicerocket

    juicerocket Newbie

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    If your domain name includes trademarked words (or something "confusingly" similar), and you're using it in a way that's related to the categories that the words is trademarked for, then the trademark holder can force you to give them the domain name. If you're using it for something totally unrelated to anything to do with the trademark, then you're likely safe, but they could still try to sue you to get it.
     
  8. blogzandstuff

    blogzandstuff Elite Member

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    i was sued for using the word Olympics in a domain name, everything releated to Olympics is tradmarked which i didn't know. So be careful if you intend to use a trademark as part of a domain name, take it from someone who has been at the sharp end it's just not worth the months of legal hassle and cost.
    I found out the hard way and now stay clear