Trademarked domains

[{Mike}]

I know one of the first rules you learn here is to NOT buy trademarked domain. But it seems there are a few exceptions, and I'd like to know where the legal departments cross the line.

EX1 : I want to create a blog about nintendo. I call it nintendomegacool. Since i have personal interest in the domain and company, can I still be sued over the use of "nintendo"?

EX2 : I check snapnames for some drops and I see a cool website about a company name + store attached at the end of the .com. Let's say, mcdonaldsstore. Can I be sued for the use of "mcdonalds" if I use the domain? What are the chances I will have to face legal action? Is it more risky since I'm selling products related to the name?

I'm asking because I want to buy a domain and develop it without having to shut it down.

 

[cache]

still don't reg any tm domain for fan or suck names, not worth the trouble.

 

[{Mike}]

So gonintendo, nintendolife, and all others are not worth the hassle? I mean, there's definately a gray area here.

 

[RevolutionaryDomains]

Actually, there really is no gray area. The companies you mention own the trademark on both their respective names and brands. Just because you add a word or two before or after the company name, does not make it OK, nor does it hide the fact you are still squatting on a TM and the registered names are infringing on those TMs. Additionally, though someone else may be doing it and getting away with it, that does not make it right nor is it a green light for anyone else to take part.

I would recommend reading the Legal Section with regard to TMs and refrain from any further name Regs until you have a good, thorough understanding of them. It would definitely help you save time, money and most likely legal troubles at some point moving forward in your domaining career.
:imho:


-Regards

 

[Corey]

go to United States Patent and Trademark Office @ http://www.uspto.gov/index.jsp

and use the Trademark Electronic Search System (TESS) @ http://tess2.uspto.gov/bin/gate.exe?f=tess&state=4006:btkb99.1.1

Cheers
Corey

 

[DomainTalker]

The only exception might be if you have, say, a fan site using a TM name...where you are obviously promoting the TM organisation & its products, without profiting from their TM, as such.


In these cases you'd be best to gain the approval ofthe TM company, in advance, imo.

.

 

[alien51]

Some trademark owners don't bother much about fansites that may be using part of their TM on their domain, as long as you are not profiting anything from that website (no adsense or affiliate codes), and you clearly emphasized on the website that you are not connected with the TM owner.

This happens on stuffs like videogame fansites, movie fansites, or celebrity fansites.

But remember, you are at the mercy of the TM owner.

Can you be sued? Answer: Of course.

Anybody can sue anybody. When you get sued, it doesn't mean you are guilty.

The problem is, do you have the money to pay for a lawyer to defend you? Instead of putting your time and energy on your fansite, you end up spending them on your litigation hearings. TM owners can even confiscate your domain, or ask your registrar to take it down via a court order. Judge may require you to pay the TM owner for damages.

Many people can't afford the cost and the hassle, so they rather stay away from TMs to avoid unproductive waste of energy and money on their part. They fear the hassle and cost, more than they fear being guilty of TM infringement.

 

[Kate]

But remember, you are at the mercy of the TM owner.

Exactly, there's always a sword of Damocles hanging over your head. At some point the TM holder might come after you. You could lose your domain + site + ranking in search engines. Why take a chance ?

The reality, as said above, is that some TM holders don't mind if you use their names.
Affiliates sites for example. Do you have a good and valid reason for using a TM domain, then check the policies of the TM holder (if any), I would personally want a written agreement to cover myself

 

[TheHero]

These cases are quite complicated.
For example,if you own wiigames.com and you have some affiliates links to shops that sell wii games,it is obvious that you use their trademark but the same time you help them to sell more.So depends on the policy of each trademark owner if you will be able to keep the name or not.

 

[alien51]

At some point the TM holder might come after you. You could lose your domain + site + ranking in search engines.

Yes. It's like building a sand castle. When you're almost done, some guy walks by and kicks everything you've done. What a waste.

It is also wrong to "presume" that you are helping the TM owner with marketing, making you "safe".

One possible guerilla tactic you can use, is milk that TM domain as fast as possible and recover the cost of the domain and hosting space. If the TM owner eventually busts your chaps, say sorry and drop the domain (or sell it at snapnames, lol), then walk away with your profits.

 

[enlytend]

One possible guerilla tactic you can use, is milk that TM domain as fast as possible and recover the cost of the domain and hosting space. If the TM owner eventually busts your chaps, say sorry and drop the domain (or sell it at snapnames, lol), then walk away with your profits.

Unless they DO decide to sue you, in which case in the US they can try to get $100,000 per incident plus reimbursement of their legal fees and up to treble damages (3x that) under some circumstances.

It's your money - up to you if it's worth the risk, not to mention the waste of time better spent elsewhere.

 

[alien51]

Yes, that's true. Something like what's happening to those getting sued for illegal music downloads.

So for non-US citizens, atleast you got some extra safety buffer, or get some tips from Jullian Assange on how to hide in a country where there is no US extradition treaty.

It won't help that you bought that TM domain using Godaddy's 99-cent promo code, and got sued for 100k dollars. lol.

 

[exsedo]

Yes. It's like building a sand castle. When you're almost done, some guy walks by and kicks everything you've done. What a waste.

It is also wrong to "presume" that you are helping the TM owner with marketing, making you "safe".

One possible guerilla tactic you can use, is milk that TM domain as fast as possible and recover the cost of the domain and hosting space. If the TM owner eventually busts your chaps, say sorry and drop the domain (or sell it at snapnames, lol), then walk away with your profits.

Some knowledge should not be shared :ghost:
Best advice. If it's a Trademark stay away. :imho:
Wait for the flood of Tm domains in appraisal and for sale threads now :lol: