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Do sub-domains fall onder trademark law?

Discussion in 'Business & Tax Advice' started by DutchRebel, Apr 6, 2010.

  1. DutchRebel

    DutchRebel Regular Member

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    hey people.

    if i register a generic domain, and create a subdomain with the trademarked product name, does this fall under trademark laws?

    like "productname.domain.com"

    is the product company able to take my domain down?

    or is it a better idea to just go with the standard "domain.com/productname" setup!

    i wanna promote a product, but as far as i can tell a lot of domains with the trademark name are now pointing to the merchant page, and these are no domains the merchant decided to buy themselves. so they just took the domains from people who registerd them i think.
     
  2. drdoc

    drdoc Newbie

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    Normally, distributorship type agreements, contain a clause, that specifically permits the distributor to use the trademark.
    (If you need sample language in this regard, PM me. You would use the language to write an email asking "I advertise your stuff, that gives me the following rights, ... please confirm." )

    The trademark owner typically has the right to take down sites that infringe the trademark. Infringement can happen in two ways:
    1) consumers are confused: they buy product A and expect B
    2) usage that is not confusing dilutes the trademark: "This beer is the Mercedes among beers". Mercedes will win arguing that the value of their trademark is diluted with this use.

    In your case however it seems unusual that a trademark owner would take you down when you are earning the big bucks for him/her.
     
  3. GreyWolf

    GreyWolf Executive VIP Jr. VIP

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    But if you were doing something like
    chevy.autoreviewer.com
    ford.autoreviewer.com
    toyota.autoreviewer.com
    cooper.autoreviewer.com

    you probably aren't going to run into any problems

    Anywhere in between the extremes, you just need to use your judgement.