Copyrighted EMDs

[prizes4pennies]

I guess this is the ultimate newbie question, but I need to be sure. I'm working in a very specific niche selling a particular product made by an American company. They've informed me of a new product launch to occur in March. So, naturally, I want to get the domain 'brand name-model name'.com. And it's still available. For its own website, the manufacturer just uses companyname.us. And if they were going to register this domain, I feel like they would have done it already. All the same, could I be facing any legal issue by registering a domain with their copyrighted name in it? Thanks for the help.

FYI, companyname.com and companyname.org are registered overseas, so not sure if that was done intentionally to avoid legal action or if it just worked out that way.

 

[PHPGator]

As long as you aren't mimicing them, acting as them, or taking business away from them, I would imagine in most cases you will be okay. For example, iPhone is trademarked, but there are plenty of people with the word "iphone" in their domain name. Generally they are affiliate marketers sending people to buy iphones and/or selling accessories for iphones. Apple doesn't see this as a threat, so they let it continue.

If your website doesn't fit this criteria, then I would possibly be concerned about registering a domain with a trademarked name if my intentions were not to send them additional people to buy their products.

 

[Elvis]

So, naturally, I want to get the domain 'brand name-model name'.com.

You're an affiliate? It's best to check with the company before doing this. If you didn't get approval and they don't like it, they probably won't pay you.

And if they were going to register this domain, I feel like they would have done it already.

Never assume this.

All the same, could I be facing any legal issue by registering a domain with their copyrighted name in it?

Yes. Usually it would just be a cease & desist letter, but not always.