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Domain Names and Copyright

Discussion in 'Black Hat SEO' started by NovaflareFX, Feb 7, 2017.

  1. NovaflareFX

    NovaflareFX Jr. VIP Jr. VIP

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    Hey Guys,

    Always wondered this but legal bullshit drives me insane, plus i'm reading conflicting information online.
    If you are promoting a product directly or a range of products from one supplier, can you use their brand in your URL?
    In a non-blatant copyright way ofcourse.

    For example, if I am promoting (those fucking) Louis Vuitton Handbags:
    1. best-louis-vuitton-handbags.blah (Might be OK)
    2. best-vuitton-handbags.blah (probably OK?)
    3. louis-vuitton-handbags.blah (I doubt this is OK)
    4. louis-vuitton-review.blah (No Idea)
    5. louis-vuitton-handbags-review.blah (No Idea)
    6. vuitton-louis-handbags-review.blah (No Idea)

    Secondly, with brand related products, like a Bic Pen, would 'best-bic.blah' be ok?
    So confused with all this stuff, I assumed absolutely not to use a brand name but then I see sites like appleInsider.com who are ok using a huge name like Apple and they are ok with it.
     
  2. TyperX

    TyperX Jr. VIP Jr. VIP

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    using louis-vuitton in domain name will be a problem belive me :)
     
  3. NovaflareFX

    NovaflareFX Jr. VIP Jr. VIP

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    But what about "vuitton-louis" and how comes appleInsider.com is fine? Very likely overthinking this, but I found the below:

    "For instance, there’s a site called AppleInsider.com, which covers all things Apple. Apple is a registered trademark, but they can use it because the domain makes it clear that it’s a news site and not related to Apple Inc. in any way.

    If you use the domain AppleIpods.com for your site, on the other hand, some consumers could get confused and assume that’s an official website from Apple to sell iPods, and this would get you in trouble. If Apple sued you over this domain you would probably lose the domain and even be ordered to pay damages to them.

    Many cases are not a clear cut as the ones above, however. For instance, what if you named your site AppleCentral.com or AppleSpot.com? It’s not easy to say whether consumers could get confused or not in those cases."
     
  4. Profitables

    Profitables Registered Member

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    This is actually an interesting topic. Would like to know more about this.

    However, different laws apply for different countries when it comes to paying for "damages".

    I don't know, if this is true, but: If you have a trademark in a domain that does not damage but promotes a brand in a positive way, it is fine. However, if you do blackhat stuff, sell fake, etc. - then it will become a problem.

    You can lose the domain, but I don't know how the damages are calculated. Please enlighten me :)
     
  5. KraftyKyle

    KraftyKyle Jr. Executive VIP Jr. VIP Premium Member

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    I'll try to make this short and sweet. If the name is a registered trademark then they can legally make you take down the site. Search this database to check if something is actually trademarked:
    Code:
    https://www.uspto.gov/trademarks-application-process/search-trademark-database
    Now "Apple" is a bit tricky as they do in fact have a trademark on that, but it's also a fruit. In most cases the domains you'll see with "apple" are techically infringing on the trademark as they are clearly about Apple products, but Apple doesn't go after them? Why not? And why do we see domains with "android" which is clearly not a fruit or common object?

    Well first, they do go after some domains. Second, it's probably not worth it to them to waste their time on it at the moment. That being said, they can exercise their right to make you take down the site at any time they very please.

    To stay safe, I generally steer clear from any domain that is a registered trademark and you probably should too if you're hesitant about it.
     
  6. Profitables

    Profitables Registered Member

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    What's the worst thing that could happen, if you have a trademarked domain?

    Like if you register Facebook.tld and use it for offers, ads, etc.