domain name questions

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sasquatch

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May 14, 2007
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I'm going to start up a new site. I saw that the phpbay tutorial for eddiebauer.org got shut down for trademark.

Can you do things like www.discounteddiebauer.com or would that still cause a problem with trademark infringement?

I want to do a domain but want the product name in the domain name and I"m worried about the trademark problems.

Thanks for any advice.
 


If you register that domain, if they claim trademark infringement you will be responsible and will have to give up the domain.
 
some companies are alerted the second their trademark is registered. based on the previous experience of eddiebauer.org i would not risk it
 
typically it depends on the size of the company as well. Most small companies aren't going to repo your domain - though the big dogs will and do regularly.

your best bet is to check with your AM and see if the advertiser allows the use of their tradename on affiliate LP/sites.

Some may be cool with it - I personally know a few which are.
 
Its a company by company basis. I'll tell you first hand - don't register anything with "eddie bauer" or even "eb" in the domain name to stand for eddie bauer. Some companies don't care and view it as free marketing. It's really a case by case basis and you're assuming the risk that it will be taken if you register/develop it. And... they will have the right to take it.

If you want to be safe register a more generic term:

DiscountedClothing.org

And the optimize by brand using pages/posts/folders:

DiscountedClothing.org/Eddie-Bauer
DiscountedClothing.org/Hanes-Her-Way
DiscountedClothing.org/Abercrombie-and-Fitch

Not as good but there is no risk - assuming "discounted clothing" isn't trademarked.

I was surprised as hell EddieBauer.org wasn't taken... I rolled the dice and lost. I knew the risk was there but the perceived gain was worth it for me. You win some you lose some but if you have enough irons in the fire so to speak, it will all even out.

Just don't put all your eggs in one basket and you'll be fine. If you plan on putting SHITLOAD of work and effort into the site and you want to to be a long-term project and success, be safe and create your own band.

You could also have:

EddieBauer.org
AND
DiscountClothing.org

Develop both and have EddieBauer.org link to DiscountClothing.org/EddieBauer. You might lose one but you won't lose both and the first was used to propel the latter anyways.
 
Ok so lets say I found a high ranking keyword with very little competetion. For example "mattel barbie" So I made a site mattelbarbiedeals.com pointing to ebay listings for barbie. Can't I say something like "this is an unofficial website"? I mean there are hundereds of barbie websites that I"m sure don't belong to mattel so why would they come after mine?

Also while I'm talking about it how do you rank for weird keywords like "mattel barbie"? It's not like it flows well in content....
 
Ok so lets say I found a high ranking keyword with very little competetion. For example "mattel barbie" So I made a site mattelbarbiedeals.com pointing to ebay listings for barbie. Can't I say something like "this is an unofficial website"? I mean there are hundereds of barbie websites that I"m sure don't belong to mattel so why would they come after mine?

Also while I'm talking about it how do you rank for weird keywords like "mattel barbie"? It's not like it flows well in content....

I'd go about ranking for a term like that just like I would any other term. It doesn't need to flow well to rank....just make the auctions more visible to the user than the content if it sounds funny, and chances are they'll never even read it.
 
Ok so lets say I found a high ranking keyword with very little competetion. For example "mattel barbie" So I made a site mattelbarbiedeals.com pointing to ebay listings for barbie. Can't I say something like "this is an unofficial website"? I mean there are hundereds of barbie websites that I"m sure don't belong to mattel so why would they come after mine?

Also while I'm talking about it how do you rank for weird keywords like "mattel barbie"? It's not like it flows well in content....

I'm not a lawyer or whatever, but i think the distinction is money. The fansites arent there to generate income but an amazon affiliate blog clearly is using the trademark for your own monetary benefit.
 
I used to just buy domains withot concerning myself too much about infringemnt, but I am more careful now. Ebay made me give up 3 domains, including one that that was pretty profitable. My advice is - if in doubt, dont do it.
 
Ok so lets say I found a high ranking keyword with very little competetion. For example "mattel barbie" So I made a site mattelbarbiedeals.com pointing to ebay listings for barbie. Can't I say something like "this is an unofficial website"? I mean there are hundereds of barbie websites that I"m sure don't belong to mattel so why would they come after mine?

Also while I'm talking about it how do you rank for weird keywords like "mattel barbie"? It's not like it flows well in content....

I agree with nickycakes

If a company or celebrity wants to take your domain they generally have to show that you registered it in bad faith, meaning that you registered it to profit/benefit from their name/trademark.

Some fan sites get away with it because they don't exist to profit from the name/trademark

Some companies don't seem to care but they risk losing their trademark if they don't vigorously defend it, that's why the bigger companies seem to be such pricks about it.

I've registered many of those types of names but you need to be ready to just hand them over if the company gets shitty about it, don't spend a lot of time creating a money-making site on a trademark-infringing domain. But, I've only had to give up two (but I stay away from ones that I'm pretty sure will be trouble).

They key is to set them up as a true "unofficial site" and use them to funnel traffic to your money sites. Don't put ads on the site, don't put blatant links to your money making sites, just work links to your money sites into articles, posts, reviews, etc.

I have some sites that link directly to affiliate offers using things like "look what I found on Ebay" type posts, some product reviews, and I even provide "Free" stuff for other "Fans" such as classifieds (which I fill with links to ebay using aliases), "Post your Ebay items" sections (filled with my links), and forums (great for "look what I found" type posts with affiliate links).

You have to be very careful when doing that though, it has to look like everything on the site is free to use for the other "fans" and that you aren't profiting from the site. Cloak all outbound affiliate links!

If you register those types of domains you have to be ready to give them up at any time, don't put a lot of time and effort into developing and promoting them. I put up simple sites that look like a non-internet-savvy fan created them, and usually do no linkbuilding or any other type of off-site seo, I just take whatever traffic the name generates naturally (and they can generate some great organic traffic).

As far as "mattelbarbiedeals.com", I'd say that name is just asking for trouble, it doesn't sound like a fan site. You may or may not get away with it, but you'd need to be ready to just hand it over at any time because there's no way you'd be able to prevent them from UDRPing that name away from you and, if they are real pricks, they could still sue for trademark infringement even after you give them the name.
 
I'm not a lawyer or whatever, but i think the distinction is money. The fansites arent there to generate income but an amazon affiliate blog clearly is using the trademark for your own monetary benefit.

Hmm you're right. Perhaps if I combined it with "barbie" news...maybe it would take the emphasis off the "I'm just here to sell your trademarked stuff"...
 
I agree with nickycakes

If a company or celebrity wants to take your domain they generally have to show that you registered it in bad faith, meaning that you registered it to profit/benefit from their name/trademark.

Some fan sites get away with it because they don't exist to profit from the name/trademark

Some companies don't seem to care but they risk losing their trademark if they don't vigorously defend it, that's why the bigger companies seem to be such pricks about it.

I've registered many of those types of names but you need to be ready to just hand them over if the company gets shitty about it, don't spend a lot of time creating a money-making site on a trademark-infringing domain. But, I've only had to give up two (but I stay away from ones that I'm pretty sure will be trouble).

They key is to set them up as a true "unofficial site" and use them to funnel traffic to your money sites. Don't put ads on the site, don't put blatant links to your money making sites, just work links to your money sites into articles, posts, reviews, etc.

I have some sites that link directly to affiliate offers using things like "look what I found on Ebay" type posts, some product reviews, and I even provide "Free" stuff for other "Fans" such as classifieds (which I fill with links to ebay using aliases), "Post your Ebay items" sections (filled with my links), and forums (great for "look what I found" type posts with affiliate links).

You have to be very careful when doing that though, it has to look like everything on the site is free to use for the other "fans" and that you aren't profiting from the site. Cloak all outbound affiliate links!

If you register those types of domains you have to be ready to give them up at any time, don't put a lot of time and effort into developing and promoting them. I put up simple sites that look like a non-internet-savvy fan created them, and usually do no linkbuilding or any other type of off-site seo, I just take whatever traffic the name generates naturally (and they can generate some great organic traffic).

As far as "mattelbarbiedeals.com", I'd say that name is just asking for trouble, it doesn't sound like a fan site. You may or may not get away with it, but you'd need to be ready to just hand it over at any time because there's no way you'd be able to prevent them from UDRPing that name away from you and, if they are real pricks, they could still sue for trademark infringement even after you give them the name.

Thanks, this is good stuff to think about it. What I'll probably do is just spend a couple of hours on it initally and that's it. Good advise about the organic seo if "matell barbie " is the keyword and it's in the domain, it will probably just start to pick up organic traffic on it's on. Anyway, if/when they come a calling I"ll just hand it over (the only thing that would hurt would be the future monies I'd be missing out on;) ) And yeah, hopefully they wouldn't be real assholes and take it anyfuther.
 
Thanks, this is good stuff to think about it. What I'll probably do is just spend a couple of hours on it initally and that's it. Good advise about the organic seo if "matell barbie " is the keyword and it's in the domain, it will probably just start to pick up organic traffic on it's on. Anyway, if/when they come a calling I"ll just hand it over (the only thing that would hurt would be the future monies I'd be missing out on;) ) And yeah, hopefully they wouldn't be real assholes and take it anyfuther.

Yea, that's why I say not to put a lot of time and effort into a site like that. It would suck to build up a nice, money-making site only to have to hand it over.

I've got most of my fan-type sites from watching for expiring domains. People put up these sites, lose interest and let them go. Sometimes the sites already have quite a few backlinks and traffic when I get them.

The big thing is you always have to worry about them suing for trademark infringement, even if you don't put up a fight and just hand the name over.
 
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