question Does the domain I own have a trademark?

[MeetDomain]

Hi All,

I want to ask about several domains that I own, and whether they have a trademark or not. If I have a trademark, can I still market it to the company or brand in question?

These are my domain:
meetbard.net, zurichinternational.net, marca.news

 

[MeetDomain]

Today, I read an article, which was shared by our community member.

Thought, Could be best suitable for your scenario.

namepros.com/threads/lvmh-wins-domain-name-dispute-over-hotel-chain.1310942/

First, visit his website and at the very end of an article, you will find the link, You can read the full WIPO case here – WIPO Case No. D2023-3318 click and read.

Let us know, whether it was helpful or not?

I just read this and I understand. In fact, Belmond Management reported this case to WIPO because an irresponsible person used the domain name belmondhotelbali.com as a fraud, not mutually beneficial.

If I have the same domain as a brand and apply as an affiliate for their products and carry out activities that are profitable for both parties. Is that possible?

 

[MeetDomain]

@MeetDomain
just to avoid misunderstandings, that's not a good idea : )

The whole point of any TM infringement regulations is to prevent you and me to capitalize on other people's efforts

When we make mistakes we can always try with the classics I didn't know, How could I know,
but when you take those domains and go to the owners of those TMs, it's clear that you are knowingly trying to capitalize on the name of that company (or their products), a name which you know they established through work/energy/money/time/efforts/creativity etc.

In other words, it's clear that you are trying to capitalize on other people's work, energy, money, time, efforts, creativity etc.

That's the quintessence of what WIPO regulations call bad faith.

Imo



Yes but maybe they skip lengthy postings
: )

Okay. Maybe I'll stop constantly sending email offers to related brands and let them search and find domains I already own and buy these domains without any direction from me.

 

[Yoga Trillion]

If I have the same domain as a brand and apply as an affiliate for their products and carry out activities that are profitable for both parties. Is that possible?

Okay, let's get started.

Imagine this scenario: You've registered a domain name and started working with a brand's products as an affiliate. Suddenly, the same brand complains and sends you a notice, demanding that you cease your activities, either through legal action or forcefully. What would your reaction be? Think about the time, money, and effort you've invested.

Let's explore whether this is possible or not.

I can see that your approach is genuine, and let me explain step by step. Many newcomers to the SEO and affiliate marketing industry have similar thoughts.

To achieve this, the very first and common approach is to check the affiliate marketing program policies, which are often found in the footer section of their website.

Now, the main question is, have you ever checked their website before registering any domain names to see if their brand can be used in your domain name to promote their products? Be honest with yourself.


However, many companies do not like or appreciate such an approach. Initially, they require proof that you can provide proper/good benefits to their brand or company. In this digital age, I mean you should have legitimate traffic on your blog or website. Only then will you get approved. They believe that if everyone is allowed to use their brand name, it could potentially harm their brand reputation, as you are aware, people are skilled at spamming and using various tactics. Hence, they have strict affiliate marketing policies, and going against these policies could lead to permanent blacklisting.

I won't tell you what is possible and what is not. Everything depends on your motivation, faith, determination, desire, and the role models you follow, as well as your mindset. Even if your approach is genuine, if you work blindly, it may not only impact your time, money, and efforts but also negatively affect others who might see you as a fraudster using their brand name. I hope you understand the importance of this.

Also, you can see that you've received valuable responses from experienced members and their advice. You should either learn from them or follow your instincts.

Don't forget to share your experience with us, whether it was detrimental/bad or beneficial. We can all learn from each other's experiences, both good and bad.

I think I should stop here.

I just read this and I understand. In fact, Belmond Management reported this case to WIPO because an irresponsible person used the domain name belmondhotelbali.com as a fraud, not mutually beneficial.

Ohh, by the way, I forgot to mention that the domain name was never used.
Did you notice on that docs: Under C. Registered and Used in Bad Faith:
The Respondent appears never to have used the disputed domain.
Additionally, one similar domain name was transferred to the same company. Note that both names were inactive and registered by different domain owners according to the whois information. Now, it's up to you to decide where your initial idea of a mutually beneficial and profitable partnership lies.

That's all from my side!

Tech care and enjoy the journey!

 

[jberryhill]

If I have the same domain as a brand and apply as an affiliate for their products and carry out activities that are profitable for both parties. Is that possible?

Provide an example.

When you apply as an affiliate marketer, you agree to the rules of the affiliate program.

For example, Amazon:

https://affiliate-program.amazon.co...Associates Program Participation Requirements

"Unsuitable Sites include those that:

(g) include any trademark of Amazon or its affiliates, or a variant or misspelling of a trademark of Amazon or its affiliates in any domain name"

You'll find terms like this in pretty much any affiliate program. And of course, this exact behavior has been the subject of countless UDRPs and lawsuits...

https://www.adrforum.com/DomainDecisions/2052292.htm

Further, Complainant provides evidence that the Respondent uses the disputed domain name to redirect internet users to Complainant’s own website to generate affiliate commissions. Such use is in breach of Complainant’s affiliate programme and is neither a bona fide offering of goods or services pursuant to Policy ¶ 4(c)(i), nor a legitimate non-commercial or fair use pursuant to Policy ¶ 4(c)(iii).