Trademark In Domain Name = Problem?

subster

subster

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Hi there,

I've an very aged keyword rich domain, I purchased years ago. After it is ranking very well now, i wanted to start monetizing it, but today i recognized that there is a registered trademark, which is partially my domain name.

For example:

The trademark is "houston real estate" and my domain name is houstonrealestatelive.com (not for real, it is an example, buddy).

Could this cause me a lawsuit? Additional Info: The trademark is in the states, but I live far away from the U.S.

Thanks.
 
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You should check how active is the company which owns the copyright when it comes to copyright infringement. If you see any recent domain cease case, stay away from using it. Most companies won't care as long as you promote their products and not posting bad review about them. If you think you can make a killing using that domain, then get a offshore bullet proof hosting(check Extra Winner service thread here as it got many positive review from customers) and transfer the domain to Internet.bs
 
Usually there is a rumor going on and most of the guys fall for it, there is a company located in china they email small business owners and threat them that they are going to sue them as they using their own brand name instead of as many proofs you show them of your business .. they become pain in ass, so beware of those groups

P.S the above real estate example will not hurt you .. and yes who cares?
 
i think.. if you can.. looking for the other domain name.. don't use trademark in domain name..
make you frustration..
 
I try to avoid using trademarks in domain names. it may cause some problems in the future.
 
qweasdzxc said:
hello
Click to expand...

Hi :)

subster said:
Hi there,

I've an very aged keyword rich domain, I purchased years ago. After it is ranking very well now, i wanted to start monetizing it, but today i recognized that there is a registered trademark, which is partially my domain name.

For example:

The trademark is "houston real estate" and my domain name is houstonrealestatelive.com (not for real, it is an example, buddy).

Could this cause me a lawsuit? Additional Info: The trademark is in the states, but I live far away from the U.S.

Thanks.
Click to expand...

I don't believe there will be a lawsuit unless you have done something bad to tarnish their brand. Otherwise, you probably have to hand over the domain to them in the worst case.
 
Have you checked to see if they have global copyright on the name? Also, if the copyright isn't recognised in your country, you shouldn't have a problem. So long as godaddy isn't your registrar!
 
Additionally, you can only be in breach of Copyright law if you intentionally use your domain name to decieve users into thinking you are the copyright holder. 'Deceptively Similar'.

So long as your colour scheme, logo etc are different, you should be ok! Especially if it is a generic name/trademark.
 
softwareprogram said:
Usually there is a rumor going on and most of the guys fall for it, there is a company located in china they email small business owners and threat them that they are going to sue them as they using their own brand name instead of as many proofs you show them of your business .. they become pain in ass, so beware of those groups

P.S the above real estate example will not hurt you .. and yes who cares?
Click to expand...

I have to agree, if you are going with the wind, they wouldn't care
 
I have been in domains a LONG time. Typically you dont have a problem. If you are trying to profit off of the TM then they can take the name from you. It IS possible for them to sue you....but I have never seen that for someone who was willing to let the name go.

that being said....there are LOTS of times when brands take domains that have NOTHING to do with their trademark. Like this:

TVCHANELL (obviously a typo of TV CHANNEL......but CHANEL owns the TM to "CHANEL"....and I have seen them take those type of names.
 
All I ever got was a cease and desist letter telling me to take down the site and let it expire.
 
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