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When marketing a trademark product/brand

Discussion in 'White Hat SEO' started by andytopspin, Sep 27, 2011.

  1. andytopspin

    andytopspin Registered Member

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    Hi,

    I have some questions regarding products, promotion and trademark issues.


    In example.

    1) I want to promote a product from a company. I find productname.com available. Can I go ahead and register it - write/copy a bunch of trademark legals - include them on the site where I state that I don't own the trademark nor is affiliated or to be considered the official website for it?

    2) I still want to promote the product from the same company. But if option 1 is too risky, what would be the best thing to add to the domain name? productnamereview.com? productnamebonus.com?


    It all boils down to the fact that I want to know what the deal is for us affiliates when we see a product trending and built a site around the product name. Can we protect ourself with copyright legals and various documents claiming no affiliation with the trademark and get away with it or what's the smartest thing here?

    You can take Apples products just as an example. Lets say they had a product called iphoneyou and I have the opportunity to get iphoneyou.TLD. Would you, and how would you do it to keep out of trouble with the companys laywers?


    Thanks to whomever sheds some light on this!
     
  2. hurn

    hurn Power Member

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    yes you will get a trouble. But apple won't care about it but others will send a letter.
     
  3. andytopspin

    andytopspin Registered Member

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    No offense hurn but I was looking for a much better answer then that.

    I know that some trademarks are harder then others, no news there. However I know that a lot of marketers promote products and have product names or company names in their domain.

    So I was looking for anyone that would know what sort of legal documents they would have on the site to write off any trademark issues. A lot of these documents aren't good enough if you went to court but considered good enough in various other cases.

    I would think that trademark owners see thru on sites that clearly state that they are not affiliated with trademark/brand etc etc.

    Comon, anyone?
     
  4. fieldinspector

    fieldinspector Newbie

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    Hi,

    Check out my summary of trademark law in the following thread:
    http://www.blackhatworld.com/blackhat-seo/black-hat-seo/350467-trademark-violation.html#post3233611

    You would risk the domain being transferred to the TM holder in both these cases even with a disclaimer:

    If you are an authorized reseller of the goods then you MAY be able to use the TM in your domain so long as:
    a.) You offer the TM goods on your site and you are authorized to do so
    b.) The TM goods is the ONLY product available for sale on your site
    c.) You accurately and prominently display your relationship with the TM owner
    Case: http://www.wipo.int/amc/en/domains/decisions/html/2002/d2002-0095.html