Trademark/Copyright Domain Names

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metalshark

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Jan 3, 2011
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I've messaged a few people about this, but haven't gotten a response. I picked up a few .com, .net, and .org domains that are getting ~15k exact match searches a month with low-medium competition.

Every domain has a trademark in the name. One of them is a even an exact trademark name
ex: www. ford mustang .com

One is www.new"trademark".com
ex. www. new ipod .com

I talked to a guy at hostgator and he said the worst they can do is write up a *something* and have the site taken down. Can someone please tell me the rules about marketing these or show me a guide?

Ideally I would want to make the site appear as the official site with some tasteful ads right? Can I modify the company's logo, can I use their pictures, can I do my best to make it look like the companies site and fool people....do I need a small disclaimer at the bottom?

I just don't want to waste time or get in trouble. If I should just avoid it and build a lame review site, let me know.

Thanks
 


metalshark said:
Ideally I would want to make the site appear as the official site with some tasteful ads right?
Click to expand...

This is totally opposite of what you would want to do if you choose to buy trademarked domain names. I've got a handful and the best course of action is to make a site that bears NO relation to the official website. Most companies don't care so long as you're using the domain name "fairly". After all you're building a site that puts them in a positive light.

There are some companies (Apple, Ebay, Nike, Disney... etc.) who won't bat an eye serving you a cease and desist and seizing your domain. I've gotten a few myself. What I do is troll the first 40 results or so in Google and see if others have the name. If they do I'll risk it. If they don't, I won't.

I don't think it would come to anything other than a takedown notice but I'M NOT A LAWYER AND THIS ISN'T LEGAL ADVICE.
 
Davebot said:
This is totally opposite of what you would want to do if you choose to buy trademarked domain names. I've got a handful and the best course of action is to make a site that bears NO relation to the official website. Most companies don't care so long as you're using the domain name "fairly". After all you're building a site that puts them in a positive light.

There are some companies (Apple, Ebay, Nike, Disney... etc.) who won't bat an eye serving you a cease and desist and seizing your domain. I've gotten a few myself. What I do is troll the first 40 results or so in Google and see if others have the name. If they do I'll risk it. If they don't, I won't.

I don't think it would come to anything other than a takedown notice but I'M NOT A LAWYER AND THIS ISN'T LEGAL ADVICE.
Click to expand...


Thanks for the input. I was going to try and rank the domains for the related keywords, but now I think I will just try and resell them.

Man I wasted a lot of time. Time to start something else...
 
Register a related domain without the trademark, make the same site you were planning on making, and 301 the EMD to the new site. Build links to both.

Yer welkum.
 
kingofsp said:
Register a related domain without the trademark, make the same site you were planning on making, and 301 the EMD to the new site. Build links to both.

Yer welkum.
Click to expand...

Any chance I could request more details on this? The EMD SEO boost passes through?

I have an EMD for a company that likes to sue. I made the site completely unrelated and fortunately the company name is two dictionary words so I could reasonably pull it off.

Anyhow does this pass through?

@OP - if you do not do what kingofsp suggests make certain you in no way represent yourself as original site and make certain you cannot be mistaken for the real site. They can still take the domain from you but at least you are not committing a blatant violation. If the site does not misrepresent then the company is less likely to care - as per previous post.
 
I agree with Davebot, you probably won't have any issues if there are others with similar domains in the niche. Definitely stay away from trying to make your site look like an official site. I guessing misrepresentation and attempted fraud are what you might be looking at if you do that. I would also be transparent as possible ie state right up front that you are NOT officially affiliated with the company but you believe in the product blah blah blah. I have done this a few times for different products but as a rule I try to stay away from brandnames and trademarks.
 
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