My question is if I have a domain name like http://example.com and if I go for sub-domain [tradename.example.com,...] I have to face the same trouble. I am totally confused as I am selling Computer hard wares and Laptops on different websites which contains Trade names as Sub-domains.
Please help.
[edited by: buckworks at 4:36 pm (utc) on July 14, 2009]
[edit reason] Please use "example.com" - it will never be owned [/edit]
The domain name is like www.Someword-Tradename-Someword.com.
I've seen this quite a lot therefore can understand your confusion and I have assumed, whether rightly or wrongly, that the seller's site maybe has a tacit and legally-binding business agreement with the trademark holding company that if they should give up selling their specific brand OR fail to achieve a sufficent sales target then they would give up the right to using example keyword etc.
Please help.
We are not lawyers, you need to speak to someone in your jurisdiction/country who knows the pertaining laws however I reckon you already have a good part-answer since you have been on the receiving end of it.
It would be interesting to know the outcome of this for your region.
I believe some one will give a right suggestion and reference here.
sub-domains will be treated like an URL
A subdomain is a domain that is part of a larger domain and can stand on its own or as part of a larger domain, the only domain that isn't also a subdomain is the root domain.
Just I am a seller of computer products from different manufacturers.
Do you buy direct from the manufacturer or through their selling agents or from independents?
I'm guessing you do not buy direct from the manufacturer since I would have thought that if they were quite happy to supply you then they would also be happy for you to use their trademark for sales purposes.
When "resellers" buy products from "others/independents" the manufacturer/trademark holder can understandably get very wary of what is actually being offered and that's when they start pursuing others for possible fraudulent mis-use or infringements of their trademark(s).
Firstly I would suggest that you need to talk to the trademark holder(s) and find out from themselves directly what they consider acceptable usage of their marks. I assume that it is only one trademark holder you are referring to?
Also, he needs an undertaking from me on which I should promise not to use that Trade Name on any of my other domain name/website pages/documents, etc.,
If this is the case it reads to me that they don't want you touching their "stuff" whatsoever e.g. you can't offer an Intel chip without correctly describing it as an Intel chip and not an AMD etc.
I have to go for http://www.example.com/trademark/
But surely this contravenes this:
Also, he needs an undertaking from me on which I should promise not to use that Trade Name on any of my other domain name/website pages/documents, etc.,
How can you sell e.g. Intel, without specifically stating Intel?
From what you write you outrank both the TM holder and distributors? LOL...methinks a bit of jealousy is coming in here and they want a few more sales and margin for themselves immediately by taking your site name and maybe hoping for continued top rankings.
Time for a visit to a lawyer and squeeze as much out of the TM holder as you can if this is their game. Regardless you still need to see a lawyer to get the TM holder to clarify legally what they consider as acceptable, if anything at all.
