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registering domains with other company's name

         

adamnichols45

10:47 pm on Jan 9, 2007 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Couldnt find specific category for legal issues so I will post here!

I want to register a new domain with a very popular website name followed by a term. eg.

yahoowidget.com

How do i stand with this legally. Will they come chasing me?

What would I do then?

Webwork

11:44 pm on Jan 9, 2007 (gmt 0)

WebmasterWorld Administrator 10+ Year Member Top Contributors Of The Month



(A) Short version: Why ask us? Ask the target company how to make it work.

If (A) as an answer doesn't work for you then I have an even shorter version of an answer.

(B) Don't.

All other versions are replete with risk.

Let me put it this way: If you're afraid to ask - even if it's not fear, if it's any other rationalization - don't you already have the answer? I'm mean, if you are rationalizing avoiding asking that suggests that you kinda are tuned in to the situation already.

I'm not going to debate this issue. My answer is what it is: Ask and get it in writing with terms and conditions or don't do it. If you choose any other path you expose yourself to all manner of incalculable risk, including the risk that you just happen to be the person that law firm X or company X chooses to serve as the poster child for what they will now do to anyone who treads on their trademark. (Think bankruptcy for you. Loss of assets. Etc.)

Will you be smiling in the poster picture? I think not.

[edited by: Webwork at 12:02 am (utc) on Jan. 10, 2007]

adamnichols45

12:20 am on Jan 10, 2007 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



By going ahead I would be doing the company a favour and hopefully make some money.

vincevincevince

1:10 am on Jan 10, 2007 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



If you are doing them a favour then they will be happy to agree, so ask them. If it's really a worthwhile favour then maybe you can ask them to pay you as well...

gpmgroup

1:19 am on Jan 10, 2007 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



If you are doing them a favour then they will be happy to agree, so ask them.

Good advice - but make sure you have their answer in writing.

weeks

2:53 am on Jan 10, 2007 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member Top Contributors Of The Month



This used to be a serious issue until the US courts finally ruled that what you are doing is not legal or proper. Most of the law comes under trademark and copyright, but there are other issues as well.

Most firms are very protective of their name and are not eager to give others any kind of control over their enterprise. But, you can ask. Good luck.

rocker

3:03 am on Jan 10, 2007 (gmt 0)

10+ Year Member



I personally would avoid doing it.

A classic case is WWF. The World Wildlife Fund (WWF) granted the World Wrestling Federation (WWF) limited use of their trademark (WWF).

When the World Wrestling Federation got popular the World Wildlife Fund decided that the World Wrestling Federation was diluting their trademark. So after a nasty court battle the World Wildlife Fund prevailed and the World Wrestling Federation had to change their mark to WWE.

So, even with written permission you may also run into problems down the line. There are so many issues to consider when getting it in writing. Such as advertising rights, selling products, disclaimers...

Quadrille

10:02 pm on Jan 12, 2007 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



It's crazy. You know it's crazy.

It won't make them any money they would not have made without you. But even if it does, they'll send the lawyers.

It probably won't make you money.

If it does, the lawyers will come for it. All of it.

If it doesn't, the lawyers may be slower. But they'll come.

You know all this. Why ask?

Pleading ignorance in 2007 will not cut any ice in any court in the world.

Anyway, why be a parasite? If there's money to be made, join their affiliate scheme and be done with it.