Question about trademarks for people with experience with these issues

[brandnow]

So I had a bad experience with a company (hasn't everybody?). But I mean I had a very, very bad experience with this company. And I want to share my story on a dedicated blog / web site where I can get the most eyeballs to read about my experience.

I am thinking about registering <company name>.<ngtld> in order to make a legitimate blog where I share my experiences about it. I would use MyComplaintsAbout<company name>.com but I think the ngtld domain would be more memorable and perhaps an exact match.

I know there's .gripe and .suck where we've discussed people registering those in order to write something negative about a company, etc.

I just wonder what domainers with trademark issue experience think about this. Because the only trademark issue I've ever run into with domain names was with a free <company name>.party domain.. where I had the name parked at Sedo.. and the company (legitimately I think) threatened me with legal action. But that's because I had the domain parked with Sedo.

In this case though, I would set-up a blog with <companyname<.ngtld about my experience with this company. Do I have the right to do this? Or is there still a significant chance that the company could file and win a UDRP against me?

I've read a bit about domain name trademarks. The general conscious is that as long as you have a legitimate review web site then you should be fine. My blog will not be defamatory, I will be sharing a factual story about my experience with x company.

Thank for reading

 

[brandnow]

By the way this is not a small company.. this is a large, rich, and powerful company.. which is why I feel both the blog's content AND my chosen domain name might help me share my story.

 

[brandnow]

Also, this should be clear from my first post.. but I'll mention it anywhere. I will not have any advertisements of any kind on this blog web site I'm envisioning.. so of course it will be non-commercial. But I still worry right now before I register the name about using the exact name of the company.. but I also really hope to use THIS name because I feel I will be able to use it for SEO and it's also memorable and the two word combo of <companyname>.ngtld fits the content of the blog quite well.

 

[London555]

Also, this should be clear from my first post.. but I'll mention it anywhere. I will not have any advertisements of any kind on this blog web site I'm envisioning.. so of course it will be non-commercial. But I still worry right now before I register the name about using the exact name of the company.. but I also really hope to use THIS name because I feel I will be able to use it for SEO and it's also memorable and the two word combo of <companyname>.ngtld fits the content of the blog quite well.

If they hit you for the name re a TM-so what? Just give it back but be very sure anything you print is only the truth which im sure it will be-good luck.

 

[cocaseco]

I think the very fact that you see them as "rich and powerful" means you should not do it. I'm all for pushing TM laws as far as possible, but only where it makes sense. Kicking a hornets nest is probably never a good idea. they have the money to make an example out of you. Technically, if you aren't profiting off the site in any way, you may not get any push back, but it is a gamble. Worst case they have their counsel send you a letter and then you can just close up if you don't want to fight. They aren't going to immediately file a lawsuit, at least as long as your content is true.

 

[brandnow]

I think my main concern would be getting a UDRP.

I can't go into details here (sadly). But this company caused damaged maliciously (with proof) to my reputation and I also suffered financial loses. Which is why I want to get my story out there. I guess they can always sue me.

My concern in this case though is about the domain. It's a great domain with their <company name>.<the ngtld>. Their company name is a registered trademark perhaps, but what I am trying to better conclude from this thread is whether I have a right to own the domain if I am using the domain for a legitimate web site where I am sharing my experience with the company.

From what I've read on NamePros and other sites, it seems like it is 'okay' to do what I am planning. I just wanted to get some final thoughts and insight into it before moving forward with developing the site.

 

[London555]

I think my main concern would be getting a UDRP.

I can't go into details here (sadly). But this company caused damaged maliciously (with proof) to my reputation and I also suffered financial loses. Which is why I want to get my story out there. I guess they can always sue me.

My concern in this case though is about the domain. It's a great domain with their <company name>.<the ngtld>. Their company name is a registered trademark perhaps, but what I am trying to better conclude from this thread is whether I have a right to own the domain if I am using the domain for a legitimate web site where I am sharing my experience with the company.

From what I've read on NamePros and other sites, it seems like it is 'okay' to do what I am planning. I just wanted to get some final thoughts and insight into it before moving forward with developing the site.

Without knowing the name id say you do not have the right to use their TM. Here's and example-we own pretty much every "category killer" name in an odd extension .moe we own Insurance CreditCards etc etc We also own Realtor.moe We didnt own it 30 seconds and got a letter. lol

 

[London555]

Great name! It feels natural to say it. Plus. if it's 15 years old.. that's a nice added benefit man.

btw Who cares if you get hit with a UDRP-last time I looked it's not a hanging offense. Good luck and please keep us informed-now you have us guessing. lol

 

[brandnow]

I know that I don't have the right to their trademarked name. But I do feel (from reading on NamePros and other domain sites) that I SHOULD usually have the right to register the domain name if I then use the domain name not to misrepresent that I AM the company, but rather to provide a legitimate "review" (or in this case.. sharing my experience) with the company. Because sharing my story and experience with this company is for the public good. This is where I'm seeking some clarification to make sure I understand the general conscenious of this practice. Even my lawyer is not familar with domain name legal issues. So I'd rather try to ask for input from people who have experienced UDRP issues themselves.

-----

Or to put it another way about what I want to do:

Say for example, if you used to work for Microsoft. And you were somehow able to grab Microsoft.Software before Microsoft (or someone else) could grab it. And because you know that people will be searching for the words "Microsoft software." You want to draw attention to your issue and your story. You use the domain name Microsoft.Software to write about your horrible experience with Microsoft and share your story. Could Microsoft file a UDRP against you and win?

 

[brandnow]

btw Who cares if you get hit with a UDRP-last time I looked it's not a hanging offense. Good luck and please keep us informed-now you have us guessing. lol

Just worry if I do the SEO from the beginning for the domain name of my choice. Don't want to risk losing it later on.. or yes, well getting sued too and having to fight an extra battle with this company. At the same time I feel strongly that my story must get out. Because this company owns several media companies.. so it is hard to share my story as they attempted to censor me before. I know this is turning into a long story.

 

[London555]

I know that I don't have the right to their trademarked name. But I do feel (from reading on NamePros and other domain sites) that I SHOULD usually have the right to register the domain name if I then use the domain name not to misrepresent that I AM the company, but rather to provide a legitimate "review" (or in this case.. sharing my experience) with the company. Because sharing my story and experience with this company is for the public good. This is where I'm seeking some clarification to make sure I understand the general conscenious of this practice. Even my lawyer is not familar with domain name legal issues. So I'd rather try to ask for input from people who have experienced UDRP issues themselves.

-----

Or to put it another way about what I want to do:

Say for example, if you used to work for Microsoft. And you were somehow able to grab Microsoft.Software before Microsoft (or someone else) could grab it. And because you know that people will be searching for the words "Microsoft software." You want to draw attention to your issue and your story. You use the domain name Microsoft.Software to write about your horrible experience with Microsoft and share your story. Could Microsoft file a UDRP against you and win?

I understand exactly what you mean but in my opinion-and just mine-you can not use the TM name. That said-id let them hit you with the UDRP and ask for a 3 panel judgement and not even respond-you might be surprised-if you were to win-then they have a real issue.( by real issue-I mean they-not you-have a problem at that point)

 

[enlytend]

Do some searches for "gripe sites" "protest sites" and trademarks / Internet law.
Basically, if you are not making ANY profit from the site ( don't accept donations, freebies - literally NO profit) and there is no way consumers will confuse it with the company's site, you should have legal ground to stand on.
This doesn't mean they can't make your life hell contesting it.
Frankly, if they did that much damage to your reputation and finances, I would think this was worth a short consultation with your lawyer before potentially leaving yourself open to more aggravation from them.

 

[cocaseco]

They are very unlikely to pursue litigation or a UDRP immediately. They will first send you some notice, even if it is notice of intent to file a UDRP. As soon as you get a notice, simply stop. Unlikely they will pursue it as it will cost them too.

 

[brandnow]

Do some searches for "gripe sites" "protest sites" and trademarks / Internet law.
Basically, if you are not making ANY profit from the site ( don't accept donations, freebies - literally NO profit) and there is no way consumers will confuse it with the company's site, you should have legal ground to stand on.
This doesn't mean they can't make your life hell contesting it.
Frankly, if they did that much damage to your reputation and finances, I would think this was worth a short consultation with your lawyer before potentially leaving yourself open to more aggravation from them.

Basically I view this plan as being a marketing tool. That is the main benefit of going with <their company name>.<popular keyword for their company>. It's a way to (hopefully) draw some little attention to my cause and the story about what this company did wrong to me. So I am looking at the domain name I have in mind as a marketing tool.

 

[London555]

They are very unlikely to pursue litigation or a UDRP immediately. They will first send you some notice, even if it is notice of intent to file a UDRP. As soon as you get a notice, simply stop. Unlikely they will pursue it as it will cost them too.

Exactly.

 

[London555]

Basically I view this plan as being a marketing tool. That is the main benefit of going with <their company name>.<popular keyword for their company>. It's a way to (hopefully) draw some little attention to my cause and the story about what this company did wrong to me. So I am looking at the domain name I have in mind as a marketing tool.

If this is the case-imo-you have a problem using the TM name. That's exactly why they have a trademark to begin with but as I said-last time I looked it wasn't a hanging offense.

 

[mhdoc]

The biggest problem I see has nothing to do with legal issues.

The plan you propose will keep you focused on this negative experience for years. It will soak up tons of time and energy better spent on work that creates joy and enthusiasm.

 

[brandnow]

If this is the case-imo-you have a problem using the TM name. That's exactly why they have a trademark to begin with but as I said-last time I looked it wasn't a hanging offense.

To clarify.. I meant to say that I will be marketing MY STORY.. not their product.. The domain will be a marketing tool for me to help get my story about there. It won't have anything to do with marketing their products or anything related to their products, etc.

 

[johname]

Just move on and forget your cause. Think about and work on things that put money in your pocket. Not a war you cant win.

 

[brandnow]

The biggest problem I see has nothing to do with legal issues.

The plan you propose will keep you focused on this negative experience for years. It will soak up tons of time and energy better spent on work that creates joy and enthusiasm.

Too late. It's already been 3 years. But the time has come to face it. Again, long story. Hate to sound so dark. But what happened to me was really dark. It's just now I know a little bit more about human nature, Internet marketing, and domain names than I did 3 years ago. So I am trying to figure out how to use what I know to get my story out there.