using trademarks...pretty worried

Status
Not open for further replies.
S

strikernr

New member
Oct 19, 2008
217
3
0
The sign says "Nowhere".
I have been bidding on some trademark terms for a long time. So far everything is been fine. But recently i expanded my trademark terms list to 10 folds.

I using the terms (store names, products names and brand names) in my ads and using the same logos in my landing pages. I see other people doing it but I'm worried I may be asking to get sued.

In my landing page, i do say "all trademarks and logos are property of their respective owners".

Is that sufficient? Has there been any cases where people got sued for using trademark terms like "walmart or kmart" or brand names like "big mac" (these just examples) in their ads and using logos of companies in their landing page?

Please advice.
 


You're playing with fire. Usually they'll send you a C&D if they're nice first so you at least have the opp to take shit down, but sometimes the super litigious guys will just serve you with a lawsuit. Do you really need to bid on major trademarks for your offer? Or you just being greedy/lazy?
 
icomunik said:
Not going too much off topic, let's say i want to sell Lacoste products online through ebay, amazon and buy the domain www.buylacoste.com , can this cause any trademark issues, even though you are promoting their own product?
Click to expand...

yes, that wouldn't be smart. There are plenty of thread on this forum talking about using trademark in domains.

My thread is about using trademark and brand names in ads and using those same logos on landing pages.
 
jvincent said:
You're playing with fire. Usually they'll send you a C&D if they're nice first so you at least have the opp to take shit down, but sometimes the super litigious guys will just serve you with a lawsuit. Do you really need to bid on major trademarks for your offer? Or you just being greedy/lazy?
Click to expand...

these are big store chains and brand products. Sure there are lot affiliates and online retailers using the terms in their ads. but im also using logos on my landing page..that's what i worried about. not to mention i also use the term in my display url...like domain.com/trademark-term
 
you're bidding on their keyword, using their trademark in your ad, using it on your landing page, using it in your url, and using their logos (also trademarked) on your landing page?

so basically you're stepping on their trademark in *every* possible way you can via ppc advertising. yes, that'd be bad. if that's not trademark infringement, what is? i'd change tactics personally.
 
Bidding on trademarked terms is a grey area. Some companies may send a C&D and hope that you remove your ads.

If you're using their trademark in your ad and logo on your page, they could potentially sue the shit out of you. Especially if your representing yourself as the company.

That little disclaimer means shit if you get a pissy company that protects their brand.
 
Using brand terms in ads and display url is okay i think. Everyone is doing keyword insertion on their ads. But i'm definitely going to remove the logos from my pages and any reference to trademark and brand terms on my landing pages.
 
If you are selling their products AND their products are not sold through franchisee's or licensee's the company may allow it.

If you are selling anything that is normally distributed through a franchisee or a licensee then you will get sued BANK ON IT.

Just ask yourself a few questiona...Are my activities in anyway damaging to the company or their affiliates? Am I using the companies brand(Asset) to personally profit. If the answer is yes you are exposed.

Sometimes the use of a trademark or logo may seem innocent enough and not causing any harm to anyone. However, your use of said trademark/logo constitutes theft. Companies spend billions in branding and most will protect that asset very aggressively.

watch yo ass
 
Status
Not open for further replies.
Top Bottom
Back