Forum Moderators: not2easy
Just wondering the legalities of using a trademark in a domain name.
Example, lets say widget is a trademarked term. Could you start a website, maybe a forum about "widget" and call it "widget-chat.com"? Or would that infringe on trademark / copyright issues?
Just curious -
Matt
Your use of the site may determine your fate, too. If widget is a common word and you use it to create a site about SEO, you might be able to keep it. Your proposed forum to discuss Widget products, though, sounds like a direct hit trademark infringement, though.
Some companies pursue such claims vigorously. Some may be willing to tolerate a "fan" site. One cheap thing you could do is seek written permission from the company. Promise to prominently acknowledge their trademark on your site and to clearly state that your site is not related. If they give you permission, you are all set. If they deny permission (likely), you'll have avoided costly legal disputes.
In general, with domain names in particular, trademark holders have the upper hand.
Remember, this isn't a place for legal advice - get that from a lawyer who can review your specifics and is familiar with the jurisdiction(s) involved.
Your proposed forum to discuss Widget products, though, sounds like a direct hit trademark infringement, though.
That is not quite accurate. In fact, it most likely is NOT trademark infringement. But just might have to make your way through the end of a painful lawsuit to prove it.
The more commercial in nature your site is, the more effort you need to go through to make it clear that your site *is not* the company that owns the trademark.
Keeping the domain name against a challenge is a different matter. The trademark holders almost always win against cybersquatters in cases like this, but if the site appears to be genuine, the rulings tend to go towards the domain name holder.
I simply called them up and asked their lawyers to suggest a different domain name FOR me.
Their suggestion?
trademark-fan-forum.com
They even suggested it.
(And made me webmaster of the trademark.com domain-but that's another story.)
If you feel unsure, maybe the simplest thing is to contact their legal dept.? It can't hurt, can it?
I mean I'd definitely put a "This site is in no way related to or endorsed by etc etc"
And in this example it would just be a forum where people can talk about said product. The only thing commercial might be the addition of an affiliate banner of the widget company.
Some companies pursue such claims vigorously.
This cannot be repeated enough. If a company doesn't persue trademark infringements they may lose their trademark. It becomes diluted.
Not asking them is tantamount to an admission that you figured they would say 'no' and went ahead and did it anyway.
The minute you turn your venture using their trademark into a money maker you open Pandora's box. If you just want to 'talk about" X knock yourself out. If you want to make money being identified with X's mark 'in you business name/address' watch out.
Why not simply make a forum dedicated to discussing X without co-opting their trademark in your webaddress?
Do you have to co-opt their mark in your domain to make this work? I don't think so.
Keep in mind (dig out) past court opinions that discussed the use of trademarks in meta tags.
Using their trademark in your domain is a red flag. Why run the risk? It's one thing to talk about company X. It's another to adopt their identity. Why add the complexity or additional uncertainty? Just talk the talk and see what happens. It will be the content and quality of analysis that's the draw, anyway, not the domain.
It will be the content and quality of analysis that's the draw, anyway, not the domain.
Or the #1 serp...but I digress...
It is up to the holder of the trademark to determine how they enforce their rights. Any trademark holder that allows the use of their trademark in a url outside of a licensing arrangement is diluting their mark and asking for trouble.
