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

Trademark Term + Anyphrase in Domain Equals Infringement!

Discussion in 'Black Hat SEO' started by kryseo, Aug 18, 2009.

  1. kryseo

    kryseo Regular Member

    Joined:
    Feb 15, 2009
    Messages:
    264
    Likes Received:
    62
    Location:
    Himalayas
    Dudes, a major lesson learnt here...

    I had registered a domain with a trademark in the domain plus another keyword term ...eg. www. trademark+xxxxxx .com . I had originally thought that it is harmless to do that since I know many people are also doing it in various niches and its easier for rankings...

    Well it seems that is not exactly true...

    For the earlier part, I haven't had any problems with it until I started ranking #1 or #2 for Google along with the main site for the key term.

    Next came the UDRP letter for trademark infringement even though I am actually promoting their products as their affiliate.

    that sux... :(

    Anybody with advise or bros facing similar situation b4?
     
  2. grafxextreme

    grafxextreme Regular Member

    Joined:
    Nov 28, 2008
    Messages:
    350
    Likes Received:
    1,247
    Occupation:
    Retired
    Location:
    Tri-Dimensional Importation
    Really depends upon the trademark name and how you're using it. If for example you used the domain: kleenexclocks.com you'd be ok. If you used the term kleenextissue.com then you wouldn't.

    The difference is that the trademark is mostly for the industry the name is in or product it is known for.

    For example, I had FORD contact me because I was using the term "Mustang" in my domain name. However, I was selling templates at the time which had nothing to do with the auto industry. They had no case. They just wanted to steal the name and try to intimidate.

    Two or three years ago I had a huge law firm contact me about two of my domains. The first was a multi billion dollar finance company. The problem with their case was that I had the domain name before they trademarked it. I was also in the industry before them. Which means they were infringing upon my copyright. If I had a couple of million to blow I'd probably sue. 8)

    Another case had to do with one of my domains Citadel. Big shot attorney tried to intimidate me into turning it over to him on behalf of his client. I demanded to see the trademark documentation. The trademark had the name Citadel in it but that was only part of it's name. Therefore the claim was invalid.

    If they're trying to intimidate you just politely ask to review their documentation. Don't take their word for it. If they have a legitimate claim they'll provide you with the documentation. If they're trying to steal it for you because their marketing department has an idea for how to use it then they'll stick with the intimidation. Good sign that they're in the wrong and they know it.

    BTW: Request by certified mail and ask them to send you a copy by mail. Don't do this over through emails. They're not beyond forging documents to get what they want. If you have a paper trail that's always good.

    Keep all emails and documentation in event that it goes to court. This will show that you were in good faith, requested documentation and they refused. Case thrown out.

    Obviously I'm not an attorney. Just my experience and opinion.
     
    Last edited: Aug 29, 2009
  3. kryseo

    kryseo Regular Member

    Joined:
    Feb 15, 2009
    Messages:
    264
    Likes Received:
    62
    Location:
    Himalayas
    base64+XOR,

    Yes they do have the terms, but the terms are for ppc marketing. I have gotten hit by this numerous times with various companies for my ppc ads last year. I stopped using ppc with that technique sometime ago.

    grafxextreme,

    Thanks for the advice. My site is actually a review site on the company's products and actually compliment their products with good words. Can't believe they actually frown on the site domain.

    The past few weeks I have been worried about the lawyer letters. As I don't want to drag this longer, I have released the domain to them. :(