Trade Mark Affiliate ?

[bretttina]

Hi,

First off not sure if this is in the right place so forgive me if it isn't.

Is it possible to use a TM as an affiliate site ?

What i'm asking is say i wanted to set up a Amazon site with the sales being focused around a TM band (for example i will use The Beatles) and i had the domain : thebeatlesstore.co.uk ...... will i be infringing on TM even though i am only selling Beatles official merchandise?

OR WILL I GET MY BUTT WHIPPED?

Thanks

 

[WritersWrite]

The short answer is almost certainly no. I can't see any TM standing for that. Of course, check with your lawyer for a real-world answer.

But why lock yourself into one property and spoil for a fight at the same time?

Come up with a cool name for your online store that covers the entire subject in which your trademark property lives, and then feature departments for that specific trademark as well as others (Rolling Stones, The Who, etc.).

And even if you are not ready to sell items associated with other trademarks at first, then just start with your merchandise from your target TM and make it a success, but at least you will have the option to expand afterwards.

However, if you really want to create an online store for that one single property, like The Beatles, then I think it would be highly recommended that you come up with a witty name that evokes the brand without actually using any of their trademarks. For instance, some third party Disney vendors use names that include "Mouse" or "Magic" or other related words that reference the brand without using the TM.

 

[SearchEngineZ]

It depends on whether the TM owner looks for infringers or not. Amazon doesn't seem to care - I have an Amazon site that sells games and consoles and the domain contains a console brand - been running for years without a problem.

 

[Kate]

It's best to have prior permission from the TM holder. But some domains containing brand names have been successfully defended at WIPO because of bona fide use.

 

[bretttina]

Thanks for all your great and informative responses but would you please speak a little more about how they have been successfully defended ???

Thanks

 

[Kate]

Some discussion here:
http://www.ivanhoffman.com/affiliates.html

 

[cartoonz]

Actually, the short answer is "No, you probably cannot do this safely"

Unless you have explicit authorization from the TM holder, you'll lose in any form of dispute. You might want to read the TOS from Amazon too, there is likely specific wording protecting mark holders.. .i.e.; you could lose your commissions.

Sure, there are cases where this is ok, such as being an Authorized Distributor, etc... but even those are not guaranteed without explicit permission.

 

[sephirotica]

Is it possible to use a TM as an affiliate site ?

For most affiliate programs I work with there is a very clear instruction included in the agreement.
"Publishers are prohibited from using our trademarks or any misspellings of our Trademarks in their domains and sub domains."

If there is no such provision I just presume that it was forgotten and still apply it.