Legal issues? What do you think?

[EbookLover]

Fist of all, let's get this out of the way...I already know that no one here is a lawyer therefore your opinions mean very little in respect to legal issues. But since I cannot afford a lawyer just for one domain, I want your opinion anyway :hehe:

I want to register a domain to use as an affiliate for a certain vendor. The vendor's name is (for example) EveryComputer.com. This domain I want to registers is (for example) FindEveryComputer.com or even ShopEveryComputer.com.

As you can see, my domain has the name of the vendor in it, however, the name of the vendor is a common everyday phrase. My domain is also a common everyday phrase (which happens to use and add on to their everyday phrase). So my thinking is that they would be hard-pressed to win a dispute/law suit should they ever pursue it.

What's your personal opinion (from experience or otherwise)? Do you see any legal issues here?

Thanks

 

[Pommy - The DN Doc]

My opinion is that there is a potential TM infringement, if the generic has been TM'd in the area that the vendor operates in AND you reg the name AND you use the site to sell or park with that area. The generic nature of the name does not protect you necessarily. I think you could buy and hold such a name but dont park it! And as you guessed all my opinion and I am not a lawyer.

See this thread:

http://www.namepros.com/legal-issues-and-disputes/438665-parking-a-good-way-infringe-tms.html

 

[EbookLover]

Thanks for the reply.

I guess that I should emphasize the use of the domain, which would be to promote the TM holder's own site through affiliate links/affiliate store script.

I don't plan on parking. Personally not into the whole domain parking thing. I think it's a waste of time and space, IMO. I have never made as much parking as I do using affiliate marketing.

 

[nielsencl]

Yeah, if you are going to use a domain with their name in it there's a risk, but you can easily remove the risk...

Since you are going to be an affiliate with them, you can contact them and let them know your intentions and find out what their policy is on this matter. You DON'T have to tell them WHAT you are thinking about registering now. Once you learn what their policy is you will know what you should do.

Unless they are stupid, they should not have any problem with you registering a domain that is going to help them sell products. That is as long as your site will not confuse people that it is the company site.

Check out the other threads on the topic, but the best option in my opinion is to contact the company directly. I don't know why people don't think of this or are afraid to do this. Sure a company may be a jerk about it, but they should be happy that someone wants to promote their products AND do so in a way that is consistant with the desires and policies of that company. If not, I'm sure you can find another company that will be...

 

[EbookLover]

... the best option in my opinion is to contact the company directly. I don't know why people don't think of this or are afraid to do this. Sure a company may be a jerk about it, but they should be happy that someone wants to promote their products AND do so in a way that is consistant with the desires and policies of that company. If not, I'm sure you can find another company that will be...

I tried contacting them and they never answered (3 weeks). I suppose I can try again.

 

[nielsencl]

Sure. I know some companies can make it hard to contact them, if you would like some help getting a contact phone number or email let me know via PM.

 

[verbster]

Unless they are stupid, they should not have any problem with you registering a domain that is going to help them sell products.

You'd think so, wouldn't you...but it often doesn't work that way.

 

[EbookLover]

Sure. I know some companies can make it hard to contact them, if you would like some help getting a contact phone number or email let me know via PM.

Thanks for the offer. But I will find the proper contact. Besides, I would never ask such a question over the phone. This has to be done via mail or email as I need to be able to save the response for future reference should they later try to go back on their word.

 

[Ronald Regging]

I'd personally be asking myself the question of why would I want to be an affiliate of a company that doesn't answer their own affiliates questions after 3 weeks...

But that aside. Most companies have a strict policy that forbids you from using their TM in your domain or advertising campaigns. Essentially you are creating the opportunity for confusion, and even if you are helping them sell stuff, you're still profiting off of their TM. They can't allow you to do this or else they risk losing the rights to the mark. Simple as that. So while it might makes sense in your mind that you are just trying to sell for them and they shouldnt have a problem with it, thats not how the legal aspects work.

If you do use the name, who knows if you'll ever get caught or have any problems. But if they decide to come after you, they could freeze your affiliate earnings due to TOS breach, come after you for the domain and possibly for damages... So more than likely you should just focus on ways to get customers without using the companies TM.

 

[flamewalker]

You are certainly asking for legal troubles if you do that... you might get away with it but in essence you would be infringing their tm/name to make money off of them.

And, btw, there are some lawyers on these forums, and they do post every now and then

 

[labrocca]

Ugh...

Cars.com runs a site...

And some here think if I run

findcars.com that it's a TM problem? lol

To be honest...you haven't registered the name...maybe just tell us the affiliate.

 

[EbookLover]

I just found and read the affiliate agreement of the vendor.

It specifically states that they do not allow affiliates to use their name within the affiliate's own domain name.

Not sure they would win a TM dispute, but they would shut me off as an affiliate should I decide to use a domain name that has their own name in it to promote my affiliate links to their store (and they are well within their right to do so). They do not mention that it is a TM infringement, just that they do not allow affiliates to use their name within the affiliate's own domain.

Oh well, that's what I kinda figured.

Sorry, labrocca, sometimes it's best to be vague. This is one of those times.

I'd personally be asking myself the question of why would I want to be an affiliate of a company that doesn't answer their own affiliates questions after 3 weeks...

If you knew the vendor I was talking about, you'd understand why. They are a very well-known, reputable vendor. Why they never respond I have no clue. Could be because my question is already answered somewhat in the affilaite terms/policies but they surely do make it hard to find the policies as an existing affiliate. I had to pretend to sign up as a new affiliate to find a link to the ploicies. Cannot find it in my affiliate account pages.

 

[flamewalker]

If "cars" could be trademarked, then yes, your example would be true.

Cars however is a generic term and cannot be trademarked for the use of cars. Dell, for instance, can. And has been. And yes, they would win a UDRP/trademark case unless you could show some form of fair use, and making money off of their name with their own name, is definitely not fair use.

And lastly, they don't have to mention that it is TM infringement... if its a trademark, it is.