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

EMD of 800K exact search/month - what to do?

Discussion in 'Domain Names & Parking' started by adward, Feb 12, 2012.

  1. adward

    adward Power Member

    Joined:
    Nov 22, 2007
    Messages:
    722
    Likes Received:
    221
    I have a .org domain of the keyword which gets 800K exact search/month. The thing is that's the name of a music band. I think I should build content and rank for it, but first I need to make sure that they won't sue me to get that domain back.
    Please advise if it's legit to build an informative website about them?
     
  2. huykun

    huykun Regular Member

    Joined:
    Jan 16, 2011
    Messages:
    224
    Likes Received:
    97
    Occupation:
    Internet Marketing
    Location:
    Seattle, Washington.
    Is it trademarked?
     
  3. stunna

    stunna Jr. VIP Jr. VIP Premium Member

    Joined:
    Sep 17, 2008
    Messages:
    488
    Likes Received:
    175
    Occupation:
    PPC Marketing Consultant
    They are 100% entitled to take the domain name from you, as it is their "brand".

    If you refused to give up the domain and the case went to court, the judge would likely bring up cyber squatting case precedents.

    I'm not a lawyer.
     
  4. huykun

    huykun Regular Member

    Joined:
    Jan 16, 2011
    Messages:
    224
    Likes Received:
    97
    Occupation:
    Internet Marketing
    Location:
    Seattle, Washington.
    Well, they don't have the entitled right to turnover the domain name unless they actually own the name.
     
  5. adward

    adward Power Member

    Joined:
    Nov 22, 2007
    Messages:
    722
    Likes Received:
    221
    I am not sure. It's just their brand name. Quite popular band.

    Thanks for the info. Here is an example of one site like this:

    http://westlife.org/

    I think there is no problem for the owner. What do you think?
     
  6. JFoulds

    JFoulds Power Member

    Joined:
    Apr 22, 2011
    Messages:
    538
    Likes Received:
    480
    Occupation:
    Genius billionaire playboy philanthropist
    You're incorrect actually, if he was building a legitimate information website about the band then they have an extremely low chance of having any entitlement to the domain, regardless of if they feel it is their 'brand' or not.
     
  7. LBrown

    LBrown Senior Member

    Joined:
    Mar 22, 2011
    Messages:
    1,109
    Likes Received:
    1,827
    Occupation:
    Internet Marketer - Full Timer
    Location:
    The Land of the Brave
    If they're getting 800k searches a month I would bet that they've trademarked their name. You can find out here: http://www.uspto.gov/trademarks/index.jsp
     
    • Thanks Thanks x 1
  8. JFoulds

    JFoulds Power Member

    Joined:
    Apr 22, 2011
    Messages:
    538
    Likes Received:
    480
    Occupation:
    Genius billionaire playboy philanthropist
    Just because it's trademarked doesn't mean they automatically get the domain though...
     
  9. hamish11

    hamish11 Regular Member

    Joined:
    Oct 8, 2011
    Messages:
    285
    Likes Received:
    137
    Occupation:
    IT Project Manager
    Location:
    SoCal
    You can use a trademarked term if it comes under "fair use". From wikipedia: Examples of fair use include commentary, criticism, news reporting, research, teaching, library archiving and scholarship. It provides for the legal, unlicensed citation or incorporation of copyrighted material in another author's work under a four-factor balancing test.

    So if your site reports news about the band and critiques its albums you should be okay (do not construe this as legal advice since I am not an attorney), that said if the band was so inclined they could use their legal team to try to bully you into submission.
     
    • Thanks Thanks x 3
  10. adward

    adward Power Member

    Joined:
    Nov 22, 2007
    Messages:
    722
    Likes Received:
    221
    Thanks LBrown for the url. I checked and found that it's not a trademark name. Will build the site soon.

    Cheers,
     
  11. shortguy014

    shortguy014 Junior Member

    Joined:
    Jan 19, 2010
    Messages:
    174
    Likes Received:
    112
    If you had an EMD.net with 800k searches and it wasnt trademarked, could you sell it?
     
  12. huykun

    huykun Regular Member

    Joined:
    Jan 16, 2011
    Messages:
    224
    Likes Received:
    97
    Occupation:
    Internet Marketing
    Location:
    Seattle, Washington.
    You should probably read this case:
    HTML:
    http://simmonstrialpractice.com/fair-use-of-trademark-in-domain-name-ninth-circuit/
     
    • Thanks Thanks x 2
  13. noermanto

    noermanto Regular Member

    Joined:
    Nov 18, 2009
    Messages:
    305
    Likes Received:
    288
    Occupation:
    None
    Location:
    # JKT #
    Home Page:
    Are you referring to this?
    Code:
    http://en.wikipedia.org/wiki/Fair_use
    Or another links, please share.
     
  14. adward

    adward Power Member

    Joined:
    Nov 22, 2007
    Messages:
    722
    Likes Received:
    221
    It's hard to decide. But I will sell it if there is serious buyer.
     
  15. stunna

    stunna Jr. VIP Jr. VIP Premium Member

    Joined:
    Sep 17, 2008
    Messages:
    488
    Likes Received:
    175
    Occupation:
    PPC Marketing Consultant
    Very good answer.

    The law caters to whoever has the deepest pockets, so it is correct to assume that the band could "use their legal team and bully you into submission", even if you are in the "right".

     
  16. hamish11

    hamish11 Regular Member

    Joined:
    Oct 8, 2011
    Messages:
    285
    Likes Received:
    137
    Occupation:
    IT Project Manager
    Location:
    SoCal
    noermanto, you got the right link.
     
  17. Nookie Monster

    Nookie Monster Senior Member

    Joined:
    Mar 28, 2010
    Messages:
    968
    Likes Received:
    463
    Location:
    USA

    Biggest problem I see in your example site is the Adsense placement in the header.

    Let me run this by you and tell me what you think:

    There is a group from the 60's named The Rolling Stones. There is also a popular magazine for the music niche called The Rolling Stone. Both are simular yet different. Neither technically infringes on the others work yet they tend to complement and play off each other.

    It would be a fine line that you would need to tread carefully.