Warning to those using brand names in domains

Advertise on BHW
shadowedsniper said:
Eh man I don't know about this...

Cheap is not the word that comes to mind when I think of brand lawyers.

The precedent has already been set and you're almost always guaranteed to lose the domain name.

And even if no legal action is taken, at the end of the day they're still responsible for paying your commission and can stop at any time on the grounds covered in their affiliate TOS.
Click to expand...

We don't know which brand is in question and as said before some companies are EXTREMELY strict when protecting their trademarks. That's why it's always good to know that you might end up in court and you'll need a miracle to get away without paying your ass off! However if you're ready to co-operate most companies will leave the case if you give them the domain or don't use it anymore :)
 
akfirsttry said:
what if the domain was bought offshore?
Click to expand...

That only creates an extra hop of legal stuff to get through.

http://www.icann.org/en/udrp/udrp.htm

Domains registered in good faith have the best chance of being exempt from repossession. But if you're capitalizing on their brand name without their permission, I don't think you can really claim good faith. And even worse if you're slandering them.
 
humm... I have got brand name as well... but it makes only a half of the domain name.

I think the problem can be solved by trying to register the trademark (not that expensive over here in the UK)

.. has anybody tried this approach?

if yes, have you registered with or without an extension (com info and others)?
 
Subsonic said:
We don't know which brand is in question and as said before some companies are EXTREMELY strict when protecting their trademarks. That's why it's always good to know that you might end up in court and you'll need a miracle to get away without paying your ass off! However if you're ready to co-operate most companies will leave the case if you give them the domain or don't use it anymore :)
Click to expand...

Yep. When I get a cease and desist from any company, I follow their orders without hesitation if I know that I was doing something wrong. I'm a US citizen, I don't have a lawyer on retainer, and I don't make nearly enough to justify the expense of having to put up with a lawsuit that I will surely lose.

Consider cease and desist letters a friendly warning and proceed at your own risk if you choose to ignore them. :)
 
nonin said:
humm... I have got brand name as well... but it makes only a half of the domain name.

I think the problem can be solved by trying to register the trademark (not that expensive over here in the UK)

.. has anybody tried this approach?

if yes, have you registered with or without an extension (com info and others)?
Click to expand...

How are you going to register a preexisting trademark? :P
 
shadowedsniper said:
Yep. When I get a cease and desist from any company, I follow their orders without hesitation if I know that I was doing something wrong. I'm a US citizen, I don't have a lawyer on retainer, and I don't make nearly enough to justify the expense of having to put up with a lawsuit that I will surely lose.

Consider cease and desist letters a friendly warning and proceed at your own risk if you choose to ignore them. :)
Click to expand...

Yep, this is great advice and exactly what I did. It's really not worth the stress or hassle over a micro niche site.

BUT, I still want to know what people think about recreating the site on a generic domain name (eg. ehlkgn.org)? Or would they still come after me?

A few extra bits of info: I'm in Australia and it's a US company, but I would still assume they could come after me? And its an extremely well known fashion brand.
 
In the UK If you are simply reviewing their company you can have a domain name with a trademark in.

This is where they can get you though, you're not allowed to use the site for advertising / commercial gain as you'll be riding on the back of someones trademark to make money.
 
Is it bad to request a formal written letter in the mail by a lawyer,and that you will only take it down when you get it in the mail?
 
BigMarcusStud said:
How true is this? I have a new Amazon review site and I'm using it to promote Amazon products.

Although, I used a different site in the past when I signed up because that was long ago. But how come they're still letting me promote their products? Granted that I'm not paid yet.
Click to expand...

It happens only if you try to sign up the program with a 'brandname' domains. Otherwise they just pretend blind till someone complain them. I have bunch of .info domains which have brand names in those. Haven't had a problem yet since those are small macro sites.
 
Hi,

In the case you have to transfer the domain name to them, how you do that?

Thank you?
 
Has anyone had trouble with trademarks for subdomains?
 
I always stay away from brand names in my domain, its just not worth the risk. I'd hate to have a profitable website and then have to shut it down over something like that
 
Last year I registered a domain with a trademark(3dsmax) in it. I renewed it this monday and got an email from a firm representing the trademark company saying that I must transfer the domain to them. I'm willing to change the domain but I don't want to transfer the domain. I live in Turkey and the firm is in USA although trademark is global.

Would they pursue this issue if I don't give the domain up? Would putting up a disclaimer page satisfiy them? Any ideas?
 
I got something like that too and it was from a BIG company. Because their name is trademarked, they do have the right and WILL come get you. What we did is just create a subdomain (not a top-level) with that keyword. It'll work just as good and without TM infringement.
 
how about if you have mydomainname d0tc0m /brandname ?

and if you could, would it hinder SEO at all?
 
shaedesign said:
Just got this letter from a company about my domain name:

--

Dear Domain Owner,

[Company Name] is the owner of some of the most famous trademarks in the apparel industry, including the [BRand Name], [Brand Name] trademarks. As you no doubt are aware, those trademarks are used to identify, advertise and promote [Company Name] products and activities.

It has come to our attention that you have registered, without [Company Name]'s permission or authorization, the domain name mydomain.com. This unauthorized use of [Company Name]'s proprietary intellectual property falsely suggests [Company Name]'s sponsorship or endorsement of your website.

We ask that you immediately cease and desist any and all use of the subject domain name.

Should you require additional information or wish to further discuss this issue, please do not hesitate to contact us.


Sincerely,

--

I am not sure this is 100% legit, but I'm not taking any chances. Better safe than sorry.

I have since removed the site, although I still have the domain name.

I now realise I shouldn't have used a brand name in a domain, but I did this when I first started and I was following an IM course. Plus, it was before I found BHW.

Just thought I should warn all the newbies out there, stay away from brand names in the domain, its just not worth the hassle.

So now I am thinking of re creating the site on another domain, without the brand name in it. Do you think this is okay, or should I stay away from this brand altogether?
Click to expand...

Call them be very friendly and offer to sell them the domain for $50, if they took the time to writer you a letter then, they obviously care about the domain to some extent, that way you at least get something out of it
 
Like someone said, if you do disclaim that you are (not) officially BRANDNAME, they they can't do squat as long as it's not EMD like toyota.com or something xD.
 
Advertise on BHW
You must log in or register to reply here.
Sign up now!

Main Menu

Home Main Forum List Black Hat SEO White Hat SEO BHW Newbie Guide Blogging Black Hat Tools Social Media Downloads

Marketplace

Account Selling Content / Copywriting EBooks / Methods Hosting Misc Proxies For Sale SEO - Link building SEO - Packages Social Media Social Media - Panels Web Design More

Making Money

Affiliate Programs Hire a Freelancer IM Journeys Making Money Pay Per Click Site Flipping Want to Buy

BlackHat World

Dispute Resolution Forum Suggestions & Feedback Introductions Lounge
Back
Top