Am I going to Prison for this?

Status
Not open for further replies.
Unarmed Gunman

Unarmed Gunman

Medium Pimpin'
May 2, 2007
7,339
288
0
The D
www.googlehammer.com
So I found a good domain name - probably too good. It's a sports franchise (ie the -florida-marlins.com, something like that). So it's a useless site right now, but I might be tempted to actually put some time and money into it if I weren't worried about the franchise suing me. Would give me a good start in the SEO...

I've read that domain names can't be trademarked, and in my opinion, they want it - they should have bought it, but something tells me it doesn't quite work like that. Anybody have any input?
 


Domain names can be trademarked. And if the domain name is a trademark, then that is whole different ballgame. They can go after you if they want, although they might not care if they already have a site. It's always a risk though, you could lose the name down the road if they went after you.

If you make it a friendly fan site, then they will be a lot less likely to care. If you put unrelated content or diss them, then you might have problems.
 
My whole intent would be to make it a fan site with related info etc, just to piggyback off the name, do well in the SERP's, and make some change on the side. I've seen similar sites do the same thing, but I plan to monetize a little more than what I have seen on the average fan site.
 
I'd say go for it. The most likely scenario is that nothing will happen. And if something were to occur, you'd just have to give the name up.
 
I thought it was a serious title because in some countries, including the one I just left, you truly can get jailed for these kind of things.
 
As long as you won't be investing too much time and money it might be worth your while. Where you're planning on making it a friendly fan site the chances of them taking action are probably low... however in the end if they want the domain you'll end up handing it over.

che1959 said:
I thought it was a serious title because in some countries, including the one I just left, you truly can get jailed for these kind of things.
Click to expand...

I'd be interested to hear what country your alluding to...
 
If the trademark is filed for and registered in the United States, you are only governed by US law for the matter.

Here's the deal. If you own the domain BEFORE the trademark is filed, you're fine AS LONG AS THE DOMAIN DOES NOT DROP. If you register/REregister after the trademark is filed, the TM holder can file a URDP. The worst thing that can happen is they take your domain. However, if you start using the name in "bad faith" (profiting from it, parking it, etc.), they can sue your ass.

Hire a lawyer. I'm not one.

Jason
 
Go for it. Worst case scenario, you do a hit-and-run site. You rank highly for a while and make a bundle-o-cash and then you get the C&D letter from their attorney and you let the domain drop upon expiry. Unless you are planning on spending a ton of time/money on it, I see no reason why not to build up the site. Also, I haven't heard too many stories of Sports Franchises trying to stamp out domainers/webmasters who are profiting off their trademarked name. Now if you had FloridaMarlins.com you are more likely to lose the domain than if you have The-Florida-Marlins.com, but either way, the first thing you'll face is likely just a C&D, not a lawsuit. Usually the companies that actively pursue TM infringements to a ridiculous degree are only companies that have a very strong web presence and derive the majority of their revenue from online (Think EBAY) - not companies like sports franchises.
 
I think SeoDave is right on the money. I had a replica site which kicked ass until I got the C&D letter from one of the designer's TM Lawyers. These guys can be very aggressive if you're e-tailing tangible knock-off items. A sports franchise themed site is probably much more likely stay under the radar.

I saw a trademark lawyer and he told me that TM owners are required by law to pursue any TM violations that they discover, otherwise they could risk losing their own TM.

My replica venture was a great ride while it lasted, and if you comply with the C&D order (should you ever get one), you'll look back telling yourself the same thing.
 
You guys are missing the point here..

The Florida Marlins are a VERY shitty team. Even if he did make a super popular site, they would probably pay him for it, especially if people actually buy shit from the site and wear it instead of using it for fires.

Sometimes I really think I'm the only one paying attention here.. Gawd!

;)
 
Jon said:
You guys are missing the point here..

The Florida Marlins are a VERY shitty team. Even if he did make a super popular site, they would probably pay him for it, especially if people actually buy shit from the site and wear it instead of using it for fires.

Sometimes I really think I'm the only one paying attention here.. Gawd!

;)
Click to expand...
The only possible way to make it worse would be to have a Yankees site, lets be honest people.
 
Status
Not open for further replies.
Top Bottom
Back