Using the term "Madden" in my domain...Could I get in trouble?

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atlfins99

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Jun 17, 2010
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Ok, so I had a football site before that became too time consuming. So, my plan is to change the name and plans with the site to become a Madden site. You know, like the game, Madden11. I need to have "madden" in the domain, but I hear I can get into some trouble.

Madden isn't necessarily a product, it is a name. Also, if anything, I would be promoting the game.

I already requested to have my domain changed to maddenchat.com and it is going to be processed within 12-24 hours, however I really don't want to get into some bullshit trouble with the law because of infringement or anything.

What are your guys' thoughts? I see sites with Madden in their domain all the time.
 


That is what I am saying. I have seen a few madden sites that have thousands of members on it and are pretty well known and they have been up for years.

Someone though on another forum told me there is a chance that I get in trouble. I just don't want to risk anything.
 
You may be fine with one of those "this site is not affiliate with", but I'm not an attorney.
 
atlfins99 said:
That is what I am saying. I have seen a few madden sites that have thousands of members on it and are pretty well known and they have been up for years.

Someone though on another forum told me there is a chance that I get in trouble. I just don't want to risk anything.
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The ones that have been up for years, other than the moderate use of banners, are they commercializing anything?
 
atlfins99 said:
That is what I am saying. I have seen a few madden sites that have thousands of members on it and are pretty well known and they have been up for years.
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Just because others do it doesn't mean it's ok to do it.

Let's see...
Police stop you because you passed red light.
Do you think police will be pleased if you say "I thought it was ok since I saw others passed red light" ;)

Someone though on another forum told me there is a chance that I get in trouble. I just don't want to risk anything.
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You already know the answer.
Don't do it.

http://deadliestcatchtv.com/ used to be Discovery Channel's Deadliest Catch Fan Site until YESTERDAY since 2007 with more than 4,000 members!

Hell, one of the Discovery staff even sent them contents and previews.

Today, the site is gone since Discovery's lawyer sent "cease and desist" letter.
 
kblessinggr said:
The ones that have been up for years, other than the moderate use of banners, are they commercializing anything?
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I wouldn't know to be honest.

Ardoris said:
Just because others do it doesn't mean it's ok to do it.

Let's see...
Police stop you because you passed red light.
Do you think police will be pleased if you say "I thought it was ok since I saw others passed red light" ;)


You already know the answer.
Don't do it.

http://deadliestcatchtv.com/ used to be Discovery Channel's Deadliest Catch Fan Site until YESTERDAY since 2007 with more than 4,000 members!

Hell, one of the Discovery staff even sent them contents and previews.

Today, the site is gone since Discovery's lawyer sent "cease and desist" letter.
Click to expand...

I am saying they have had it up for years and haven't yet been told to take it down.

Was that fan site doing anything else illegal though?

And say I were to go through with this and eventually get a cease and desist letter...is that all I get? Or is there some infringement shit I would have to deal with too? Because, to be honest I wouldn't have many other plans with this site. If I was told I needed to let it go, I wouldn't lose any sleep at night. Right now it is too much for me to handle and I am trying to go another route that is easier for me to handle, a decent chance of making money, and something that is fun.
 
atlfins99 said:
I wouldn't know to be honest.



I am saying they have had it up for years and haven't yet been told to take it down.

Was that fan site doing anything else illegal though?

And say I were to go through with this and eventually get a cease and desist letter...is that all I get? Or is there some infringement shit I would have to deal with too? Because, to be honest I wouldn't have many other plans with this site. If I was told I needed to let it go, I wouldn't lose any sleep at night. Right now it is too much for me to handle and I am trying to go another route that is easier for me to handle, a decent chance of making money, and something that is fun.
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I doubt it will happen, but, you can be fined up to $100,000 for each TM violation.

I guess the site won't be important to you.
If so, why even bother? Don't do it and you'll sleep better :D
 
Ardoris said:
I doubt it will happen, but, you can be fined up to $100,000 for each TM violation.

I guess the site won't be important to you.
If so, why even bother? Don't do it and you'll sleep better :D
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Yeah, I guess that is true. But, I dunno. Would you know how to cancel my ticket to hostgator to change my domain?
 
There is the possibility of huge fines and possible jail time, but it's so unlikely that some people will take the risk, even though they understand the ramifications.

And as far as "saying" that it's a personal site, I'm not sure when exactly you would say this. It's not like the trademark owner will call you up and ask. No, you will most likely get a cease and desist letter. To be able to say anything at all, you will need to hire a lawyer. And if you are willing to spend a hundred thousand dollars or so, there's a chance you might win. If you win, you get to keep the domain, but you are still out the legal costs.

From a practical point of view, though, the biggest issue with using a trademark in your domain is that the more successful you are, the more likely you will be caught. Imagine you put the time and effort into building the site, it really takes off, and suddenly it's gone. That's a very real possibility.

I'm not necessarily saying it's never a good idea. But not with a site you're going to put a lot of time or money into, or that you are counting on for earnings.
 
Don't worry about it.

You won't be fined.. LOLLLLLLL. First no one will take notice of your site, unless it gets crazy traffic from search engines which I doubt it ever will.

And in that case if it does, they will just ask you to shut down your site which obviously sucks but they won't sue you or anything first.

This is from experience so I know what Im talking about.
 
It all depends on what the TOS say. If you are trying to get commission for selling madden related products it might be against the TOS to use "madden" in your domain name. I would definitely look into this harder before proceeding any further.

atlfins99 said:
That is what I am saying. I have seen a few madden sites that have thousands of members on it and are pretty well known and they have been up for years.

Someone though on another forum told me there is a chance that I get in trouble. I just don't want to risk anything.
Click to expand...
 
kblessinggr said:
The ones that have been up for years, other than the moderate use of banners, are they commercializing anything?
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Good lord yes. There are literally dozens of Madden sites out there, all with Madden in the domain name, that are very large and sell premium memberships, nano blitz guides, money plays, etc.
 
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