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I've seen the light!

Using trademarks in domain

         

nickreynolds

8:53 am on Oct 13, 2007 (gmt 0)

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Exhaustive reading in www has led me to realise that in my youthful enthusiasm I have a couple of dodgy domain names in terms of trademark. One is a site giving information about a particular product I'm interested in and its accessories which I've called widgetnews.co.uk where widget is a very unique brand name. (There are loads of other very similar sites with genuine content and forums using "widget" in their domain name in a similar way)

The other domain is where a word is a very big brand name (music and tech) but is also a word in normal use. The domain I registered is justifiable in describing the content of my site but I realise I'm in dodgy territory.

So I want to stop using them before I get into trouble. They are less than a year old, have genuine content which is found by Google etc. What's the best course of action - should I put up blank pages or just remove all pages, and then just let the domains expire?

My widget site above will then need a new name - it's difficult to find a name that adequately describes the site without using the trademark. Particulalry when there are so many sites out there that do! Presumably I can't use it in a subdomain either - in fact am I even allowed to mention the name on my pages at all?

[edited by: Webwork at 2:49 pm (utc) on Oct. 13, 2007]
[edit reason] Example.com is our favorite "example" domain. No one will ever own it. [/edit]

Quadrille

3:57 pm on Oct 13, 2007 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Why not ask the trademark owner?

In some cases, they will have no problem giving consent, but it will vary with the company - and what your sites are doing.

For example, a 'fan site', even one that maybe has a small commercial side, is acceptable to some.

The question worth asking yourself is 'what's in it for me - and what's in it for them'; and not only dollars.

If your sites happen to provide some kind of service, they may be OK. If they allow you to make money off the mark, but either give nothing (or potentially damage), then it'll be a rather different story.

In some cases, it may be worth asking. The worst that happen is 'no'.

nickreynolds

4:32 pm on Oct 13, 2007 (gmt 0)

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I'm sure they'll say no. My sites are pretty new and are only getting about 100 visitors per month at present so very small scale. I just want to avoid getting into trouble and am happy for the sites just to slide into obscurity rather than draw attention to them.

Webwork

4:56 pm on Oct 13, 2007 (gmt 0)

WebmasterWorld Administrator 10+ Year Member Top Contributors Of The Month



There are one or two companies that may be overstating the case for their exclusive right to use certain generic words. It's my view that, in some situations, their "brand" and any "brand confusion" or "trading off" must involve something more than "using their word", such as using the same color scheme, a similar logo, similar website design elements, etc.

An eternal gold standard for evaluating issues of "Should I do this?" is to view the issue from the viewpoint of the person or company whose interests intersect our own and to give deference to any "perceived reluctance" they may have. Since it's hard enough to understand our own "internal clock movements" at times - much less anyone else's - one might conclude that it would be very common human behavior for people to ask one another "Would this be okay with you?".

I'm "guilty" of not asking and still waking up to that fact - at age 52 - so don't take this as a criticism. It's not. It's an admission. ;)

My advice, for a more harmonious life and world, is to ask first and then attempt to negotiate a mutually agreeable "settlement".

Alrighty, I'm getting waaaay to deep and philosophical. That means it's time to wash some dishes. Zen and the art of dishwashing. ;)

nickreynolds

9:27 pm on Oct 15, 2007 (gmt 0)

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Ok so i've fired off an email to one of the companies concerned - wonder if i'll get a reply?

Webwork

10:55 pm on Oct 15, 2007 (gmt 0)

WebmasterWorld Administrator 10+ Year Member Top Contributors Of The Month



It may depend on what department the email was directed to. For example, an email to the customer service email may languish. An email to the corporate legal department might get a response.

A letter might also work.

A phone call might even be better, with a letter follow up. Sometimes questions answered during a phone call can ease the answers.

Even if you get "permission" it might be conditional. Still, that might be better than a lawsuit.

Don't ever count on receiving an email or letter before receiving lawsuit papers. There is a bit of a trend I'm seeing where those who didn't ask first aren't asked to stop. They're just being sued.

nickreynolds

12:41 pm on Nov 3, 2007 (gmt 0)

10+ Year Member Top Contributors Of The Month



No reply after 3 weeks, so I guess it's a letter next.