Trademark Domains

Status
Not open for further replies.
J

JamesH

New member
Jun 25, 2006
2,514
26
0
Lets say you register the domain AppleMacBookPro.com. You make a mini niche site on it. 99.99%, would you just get a DMCA or would the company actually go through the trouble of suing you? How many of you have actually gotten sued because you have a small website on a trademarked domain?
 


In most cases you'll get a C&D via email - the TM holders' attorneys will ask for the domain back and for you to pull down the site. Usually if you comply, all will be forgotten...otherwise, it depends on how serious they are. If you're monetizing a TM, they technically can sue for damages under this law, but usually they'll follow up with a DMCA and UDRP if they're serious and just keep threatening if they're not...
 
I have recently gone through this. I did what they wanted, Gave them the domain after confirming they are the real deal, Moved on to better things.
I got C&D electronically and through certified mail. It was a zero traffic trademark. No loss on my end. They even offered to repay the reg fee. I just said, enjoy....
 
How would you go about confirming that they're the real deal? It seems as if you could build a nice scam dealing with trademarked domains; scare the shit out of tons of people, a few would hand 'em over, profit.
 
I spoke to the law office personally to verify by searching directory with the name on the letterhead they sent me. Whoised website and checked creation date etc.. There are a few ways to do this...
 
Ah I see. My level of common sense today is lacking severely today. I'm willing to give them the domains and delete the sites as soon as possible, provided the claims are legit and everything, so I should be okay. Thanks for the help guys.
 
I have been served C&D letters twice, one offered to pay the reg free; the other did not. Neither company seemed to have a interest in taking it further, but I am sure this is a case by case.

I am by no means an expert in trademark domains, but I would *think* you would have much more leeway by noting you are an unofficial source, fan site, or not directly affiliated with the trademarked company.
 
I agree; whenever one of my sites is themed around a trademarked term, I always say I'm not directly affiliated with the company in the footer. I understand that that doesn't clear my legally, but I'm pretty sure it will soften up their legal department when they type up my C&D.
 
Has anyone had trouble with a random domain, and did something like.....trademarkname.randomdomain.com or randomdomain.tradmarkname.com?

Bob Schmuck had one that contacted him and wanted the content on the site, too. I don't think he ever gave up the content, he just took down the site.
 
It's important to consider whether the company has a solid trademark or just a Word-mark applied to a certain industry - e.g., Apple can't prevent you from selling produce, etc. However, if you're in the same industry/vertical and actively monetizing on the TM, your liability factor goes way up. Check with an attorney if you are going to make a large investment, but err the way of caution where possible.
 
Status
Not open for further replies.
Top Bottom
Back