Using TM name in domain &/or page title?

What is legal for me to use if anything?

[LiteraryThug]

Hi all,

I wanna make a site based around a trademarked line of products. I won't be selling them or competing with the company, rather it's a community kind of thing for users of the products with forums and articles and what not.

I don't want to do anything that's going to get me a cease and desist letter from a lawyer later on ;) But I do want people to be able to find my page when they do a search for the TM. Am I allowed to have the TM in my page title? How about (dubious about this) my domain name?

Thanks for the advice!

[troels nybo nielsen]

Tons of websites are fan sites about a trademarked product. The main factor is to be honest about what you're doing.

Your title and your design must show clearly that you are not the manufacturer or affiliated with the manufacturer.

It ought to be quite OK to use a trademark as _part_of_ a domain: perhaps something like collectors-of-trademark.com.

You should carefully avoid using copyrighted pictures or other stuff without first getting a written permission. Many fan sites make mistakes here.

It would of course be a nice gesture to put a link to the manufacturer's website at a prominent place on your front page.

But under all circumstances it might be a good idea to tell the manufacturer about your plans and ask if they have got anything against them.

Perhaps some of the lawyers among the members have other advice?

[digitalghost]

>>am I allowed to have the TM in my page title?

I'm not a lawyer, but I'll share my experience. :)

As far as I know, you're allowed to use a TM in a title, if, you have;

1. Permission
2. A page that makes a product comparison
3. Legitimate purpose to share product information with the consumers

The last one is a bit grey, selling a product could be deemed legitimate purpose to share product information.

I advise requesting permission, in writing, and receiving that permission in writing. My basis for determining whether or not to use a trademark is quite simple. Worst case scenarion, can I afford a lawsuit? If the answer is no, get permission. I also advise obtaining legel counsel before slapping up a bunch of pages that may or may not infringe on a trademark.

I have a hard time getting to sleep. I enjoy my sleep when I can get it. The thought of an impending lawsuit over the use of a trademark would cost me more sleep. Getting permission costs me the price of stamp and some time.

[LiteraryThug]

Thank you for the responses. I emailed the company so I can hopefully find out what their policy is. Can any webmaster ever afford a law suit? *g*

[rogerd]

LT, I'd note that there is a fundamental difference between domain names and content. While you may be able to use a trademark in page content (as DG describes), domain names are usually off-limits. They are more like a product brand than content, and unless you have explicit permission you will almost certainly lose if challenged.

[midwestguy]

I wonder if trademark.yourdomain.com would be considered abusing trademark in the domain?

[rogerd]

If the trademark owner noticed (less likely since the subdomain isn't actually registered), my non-lawyer opinion is that they could sue you (even if you were 100% right they COULD sue you!) and probably win.

As DG noted above, who's actually correct is less important than who has the resources to launch and/or defend against a lawsuit. Being right is no consolation if your company has been bankrupted by legal bills.

[troels nybo nielsen]

Hmmmm... google.no seems still to be a webshop. Hasn't gone broke either. Methinks these matters may depend upon which country you're living in.

[rogerd]

Yes, sometimes a favorable domicile can work wonders against batteries of high priced lawyers! I'd guess ICANN will settle this if Google takes it there, though. (Does ICANN have jurisdiction over .no?)

[hugeaffiliates]

would the same concept also appy to forum posts and theads?
If we were to start a forum thread called "things i like/dislike about xyz.com", could that be considered an infringement, especially if xyz is trademarked?