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

Legal Advice Trademark In Domain Name

Discussion in 'Black Hat SEO' started by ueki94, Jan 8, 2013.

  1. ueki94

    ueki94 Regular Member

    Joined:
    Aug 1, 2011
    Messages:
    261
    Likes Received:
    42
    Hello everyone, I have a website about League Of Legends and another about Counter Strike which I started recently. I want to know how safe I am against lawsuits, if I should keep them until I recieve a cease and desist and if companies always throw a cease and desist before setting a lawsuit.

    The website about league of legends is preety popular, it gets around 600 unique visits per day, with a facebook fan page of 2k, generating about 5$ daily and has been running for about 5 months.

    The Counter Strike one was started this week (I just did it as a case study as I am teaching a few friends about internet marketing) it is not generating anything yet, but I am expecting about 400 unique visits daily in 2 to 3 weeks.

    Can anyone with experience give me some advice?
     
  2. ron.ray

    ron.ray Jr. VIP Jr. VIP Premium Member

    Joined:
    May 24, 2010
    Messages:
    878
    Likes Received:
    401
    Home Page:
    i have experienced it two times- In the first time, the brand owner contacted the hosting company and they have suspended my account. In the second time, the brand owner contacted me directly, and i have managed to sell him the complete website for a nice amount (surely better than it could have been sold for on Flippa).
    So i guess its a kind of luck...
     
  3. kvmcable

    kvmcable Supreme Member

    Joined:
    Dec 28, 2010
    Messages:
    1,355
    Likes Received:
    2,815
    Occupation:
    24 year business owner - old school dude
    Location:
    KFC - BW3
    Most of the time they send a C&D and let you take corrective action. With that said, they have no obligation to do so. They can set you on a legal train and send it down the track without notice until the summons to appear is served. Mostly it depends on what they find when they do an asset evaluation. If they see you own property and a business owner they're more likely to chase the gravy train looking for settlements to stop legal action. If you've come up on their radar more than once they will also look to teach you a lesson.

    Nobody that has been through this experience would tell you to take that kind of legal exposure for the measly income you're reporting. Even if you're baking a few thousand a month that sort of legal exposure is questionable. IP Attorneys start at $350 an hour and it'll cost you 5-10 hours of fees just to answer a summons.
     
  4. ueki94

    ueki94 Regular Member

    Joined:
    Aug 1, 2011
    Messages:
    261
    Likes Received:
    42
    Altough it is not much money, it equates to 150$ per month, which at the moment is really helping me with my college budget.
    I think I will try to sell the league of legends website on flippa for like 500$ (due to the trademark on domain name).

    It looks like you have experience in this subject, do you think keeping the counter strike domain for 1 or 2 months would be risky? (I have no problems taking down the domain if a C&D notice is sent, just refering to facing a lawsuit).
     
  5. pattymayo

    pattymayo Registered Member

    Joined:
    Feb 15, 2012
    Messages:
    92
    Likes Received:
    12
    so its illegal to have a particular product cs or a trade marked name like LoL and make your domain name this? is this the problem or am im missing something
     
  6. jascoken

    jascoken Senior Member

    Joined:
    Nov 1, 2010
    Messages:
    1,135
    Likes Received:
    751
    Gender:
    Male
    Occupation:
    IT/Web Systems & Development...
    Location:
    Sussex:UK
    If you use any trademarked term in a URL, the owner of that trademark will take the view that you're profiting from their intellectual property, and will therefore either ask/tell you to hand the domain over, or simply take legal action against you.

    If it's a company with deep pockets, this can really hurt, but it does depend on the nationality of the company as compared to yours and what legal recourse they have across the international boundaries.
     
  7. wottoinc

    wottoinc Jr. VIP Jr. VIP Premium Member

    Joined:
    Aug 5, 2012
    Messages:
    1,506
    Likes Received:
    62
    thats illegal and risky make sure you dont get yourself trapped in something real risky.
     
  8. anuj291

    anuj291 Elite Member

    Joined:
    Feb 1, 2009
    Messages:
    1,533
    Likes Received:
    313
    which country do you belong to ?

    you can go ahead with trademark domains -- when they send you a notice return the domain... and if you are in a country whr they cant reach out then just avoid the notices
     
  9. SocialMedia10

    SocialMedia10 BANNED BANNED

    Joined:
    Apr 4, 2012
    Messages:
    142
    Likes Received:
    86
    Nothing to worry about man. If anything you will receive a C&D. Continue earning
     
  10. ueki94

    ueki94 Regular Member

    Joined:
    Aug 1, 2011
    Messages:
    261
    Likes Received:
    42
    I live in portugal, do you think I am safe?
     
  11. ueki94

    ueki94 Regular Member

    Joined:
    Aug 1, 2011
    Messages:
    261
    Likes Received:
    42
    Bumpppppep
     
  12. Xictus

    Xictus Regular Member

    Joined:
    May 16, 2011
    Messages:
    390
    Likes Received:
    185
    sorry if this is not related directly but.. do you consider something like mytwitt.er a copyright infringement ? (not the exact domain, just an example)
     
  13. ueki94

    ueki94 Regular Member

    Joined:
    Aug 1, 2011
    Messages:
    261
    Likes Received:
    42
    I believe it is so
     
  14. ibmethatswhoib

    ibmethatswhoib Jr. VIP Jr. VIP Premium Member

    Joined:
    Feb 17, 2011
    Messages:
    1,560
    Likes Received:
    1,156
    Occupation:
    Staying Informed
    Location:
    Bay Area, Ca
    Home Page:
    I learned the hard way too, eBay came after me with their lawyers and threatened me so I just gave up my $40/day site. Wasn't an amazing earner but was nice added income. Just make sure if someone does come after you make sure they're legit, a lot of competitors make fake ones to get you out of the picture.
     
  15. ueki94

    ueki94 Regular Member

    Joined:
    Aug 1, 2011
    Messages:
    261
    Likes Received:
    42
    Did they come after you through email or letter?
     
  16. ibmethatswhoib

    ibmethatswhoib Jr. VIP Jr. VIP Premium Member

    Joined:
    Feb 17, 2011
    Messages:
    1,560
    Likes Received:
    1,156
    Occupation:
    Staying Informed
    Location:
    Bay Area, Ca
    Home Page:
    Email

     
  17. Duffers5000

    Duffers5000 Elite Member

    Joined:
    Apr 1, 2012
    Messages:
    2,467
    Likes Received:
    7,615
    I generally would'nt touch any trademarked names. Particularly from corporate monsters that take this stuff serious. I generally believe that getting yourself into any situation where you may come head to head with a complaint should be considered Art of war style: That is evaluate your enemy before engaging battle. If you think that you can not afford to take the battle on, should you receive a solicitors letter then you should not engage battle.

    In your case I dont think its as clear cut. I believe all games can expect a fanboy following and although you are infinging copywrite, websites that are fan forums or walk through guides etc are in many ways helping to promote the product.

    I would keep the site that was making income and ditch the new site based on checking out the manufacturers/developers/distributors of the games history in the field. If you can find that there are plenty such sites available and to date there have been no take downs then you may keep flying under the radar. I would consider selling the site if you got a good offer but I would think twice before listing it on Flippa, A website with a lot of traffic and many corporate eyes watching.
     
  18. usdachoice

    usdachoice Regular Member

    Joined:
    Sep 22, 2010
    Messages:
    299
    Likes Received:
    262
    In my experience the trademark owner asked me to turn over my domain to him, to which I did not respond. They left it at that until I made him an offer to sell the domain. That is when I was contacted by their legal department for domain squatting. The C&D started getting more serious and eventually I just turned the domain over. I was getting around 700 uniques a day and hated losing all of the hard work I did that month. The lesson I learned is do not try to sell it back to the brand. Now if they make you an offer that is another story.
     
  19. Xictus

    Xictus Regular Member

    Joined:
    May 16, 2011
    Messages:
    390
    Likes Received:
    185
    So, in your opinion having something like instagr.am (wich already exist and is taken by instagram's owners) or something like myfacebo.ok and post links from this url inside the named social network would be an infrigement? i mean... the domain is not the trademark, it would be just taking advantage of the domain extension. Not properly a domain name infringement there according to me, since there are two parts on an url domain, domain extension.

    But maybe is just my ass talking here?
     
  20. myownhero

    myownhero Power Member Premium Member

    Joined:
    Mar 13, 2012
    Messages:
    763
    Likes Received:
    713
    Occupation:
    SEO Analyst / Link Builder
    Location:
    United States
    Home Page:
    Don't worry about it until you receive a C&D, then take anything that is trademarked down.