trademark domain names promoting the trademark company product

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misenlai

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Nov 22, 2011
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If I have a domain name www.companyAproducts.com and promoting company A product using company A's very own affiliate program. If they rank #1 and I rank right below it, do you think they care?

Technically, I'm sending traffic their way anyways? ;)
 


misenlai said:
Technically, I'm sending traffic their way anyways? ;)
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Technically, that's not the point...
You are benefiting off of their name that they spent money building, branding, and trademarking.

Would you be sending them the same amount of traffic with GreasyWidgets.com? Probably not...

Anyways, they might not give any fucks... or even pay enough attention to notice.

Just don't be shocked if you get a C&D letter and a notice that all of your affiliate commissions have been forfeited...

BTW, do they have anything in their terms and conditions about this?
(If not, it still doesn't mean that it's OK to do)
 
Definitely not seeing anything specific to this area in their T&C.

But this is how I see it.

Statistically speaking, 1st place get 40% traffic, 2nd place and 3rd place maybe 9% to 20%. So if they lose me, they lose 9% to 20% traffic they have been getting for free. Of course it's a CPA so it's not really free I get $ once they sell. But other than that, they are getting extra free traffic from me. On top of it, if I'm gone their competitors (which is the former 2nd and 3rd place ranking goes up and they get nothing out of that). Perhaps if I ever get a C&D letter I should contact them to negotiate ;)
 
Not every sees it like you...
But the worst that can happen is them forcing you to give them the domain and they take away your money... not like you will be forced to be groped by TSA agents or go to jail.
 
I wouldn't worry about it. If they were so tight on reputation management they would in house their promotion. Worst happens is that they send a C&D, which most are too lazy to do. Then you can offer to sell the site to them, which they might do as an alternative to paying legal fees.
 
Ive had domains for reasonably well known brands sit right beside the official site for years with no problems.

I've also had domains that have been sent Cease and Desists the moment they notice me in the serps.

Its hit or miss, But dont expect to get away with it for the really big brands for long.

misenlai said:
Definitely not seeing anything specific to this area in their T&C.

But this is how I see it.

Statistically speaking, 1st place get 40% traffic, 2nd place and 3rd place maybe 9% to 20%. So if they lose me, they lose 9% to 20% traffic they have been getting for free. Of course it's a CPA so it's not really free I get $ once they sell. But other than that, they are getting extra free traffic from me. On top of it, if I'm gone their competitors (which is the former 2nd and 3rd place ranking goes up and they get nothing out of that). Perhaps if I ever get a C&D letter I should contact them to negotiate ;)
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The thing is, it's all about branding and public perception. They dont want the public to think you are the official brands site, incase you damage their image. They likely pay a LOT of money for branding, and they probably dont take too kindly to people taking their hard earned work, and using it themselves (often in a much less effective manner - which is why they dont like you doing it)

On some of my sites, i receive emails daily by people thinking IM the actually company, the public are easily confused.
 
cool man, I've been holding back a lot of awesome sites. I'm talking about 8000 local search and serpiq compeitition index of 30 and $1 to $2 CPC exact match domains... Time to get them out of the closet ;)
 
Dark Cognitive said:
Ive had domains for reasonably well known brands sit right beside the official site for years with no problems.

I've also had domains that have been sent Cease and Desists the moment they notice me in the serps.

Its hit or miss, But dont expect to get away with it for the really big brands for long.



The thing is, it's all about branding and public perception. They dont want the public to think you are the official brands site, incase you damage their image. They likely pay a LOT of money for branding, and they probably dont take too kindly to people taking their hard earned work, and using it themselves (often in a much less effective manner - which is why they dont like you doing it)

On some of my sites, i receive emails daily by people thinking IM the actually company, the public are easily confused.
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^^ pretty much summed up my experience as well.
 
Most TOS, if not all, prohibit affiliates from competing CPC or else using the advertisers brand. They pay so much money to get it noticed and engraved in people's brain. You come along and find that easy to rank EMD with their brand/trademark and want a pat in the back?
 
Dark Cognitive said:
the public are easily confused.
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And that's what trademarks aim to prevent from happening.

To the next person who rationalizes registering a domain name to promote some
product as an affiliate: if a user types in that product name or so in Google, do
you really expect that person to look for you...or the product owner/maker?
 
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