Trademarks in domain names

[dave21]

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Hi.

I have a quick question regarding using a brand name (or trade mark) in a domain name.

I’m looking at setting up a review site and pretty sure that it’d be a bad move to feature a trade mark in the domain name, even if it was promoting the brand. However, where would I stand with sub-domains???

For instance, although I’ve seen a fair number of sites getting away with this, I expect that this type of domain might get me in trouble: www. toshiba-laptop.co.uk . But what about using a sub-domain toshiba.laptop.co.uk for instance? (this is all hypothetical, right now so I know that these URLs probably have been taken).

Is it best to steer clear of this type of domain, or can I get away with using it?

Thanks,
Dave

[tbp]

Its a difficult one, personally I do my best to stay away from trademarked domains.

Some companies are ok with it, as you are helping to sell their products. Others will demand you hand over the domain, and considering it as "passing off". Worse still, some of them ask for compensation.

In the end, you shouldn't be using their trademark, so it's totally to up to the company concerned as to whether they allow it or not.

I should think that the sub domain idea would be more acceptable to them, and if they object you can just shut down the sub domain instead of losing the whole domain.

Might be worth just avoiding it altogether though rather than risking hassle in the future.

[Kandevil]

Dave this thread should probably help convince you not to do it: Solicitors Letter for a Domain

[dave21]

OK, question answered and it's back to the drawing board for me then.

Cheers,
Dave.

[gadget]

I'm not sure I completely agree. If I had a website selling, say trainers, then it's likely that I'd want a category called Nike Trainers or Adidas Trainers etc. The URL may well look like this ..

mydomainname.com/nike-trainers.html

Is this much different to a sub-domain of .. niketrainers.mydomainname.com ?

I certainly wouldn't ever use a trademark in a domain name but I don't see too much of an issue with file names and sub-domains. Some brands are very (overly) sensitive though.

I suspect it depends on the brand, the site and the wind direction that day.

[Grizzly]

Hmm worrying, as I own quite a few sites with brand names in the URL...They arent in any way trying to pass off as being by the actual brand, but do promote and sell their products via affiliate links on the sites.

I have seen quite a few websites that are like this, and I've never had any bother as of yet (touch wood).

[Lawcom]

I guess the question is would the company be legally compelled..

At worst they could file for abuse of their brand and from what you have said they would have a strong case..

They may well buy it from you for £1000 - £2000 as that is feasible against court costs, a court may even award you some payment for loss, but they IMO will be inclined to pass it over..

But would the company bother ? I suspect not..

There are thousands of sites with brand names and for what ever reason companies allow them to continue, most likely they are making money for them..

I don't see any reason why you should not give it a go !!

Legally is not the issue, is it worth your while to build and develop a site that might be closed down..

I still think it may as it may never happen..

[Lawcom]

Sorry don't understand the double post ?

[Grizzly]

Everytime I post it says its a double post, cannot understand it!

Anyway, you could always move a site from one domain to another if you did run into bother. I cant see them offering any money to buy the domain name though, if your not allowed to use it in the first place.

I really dont know what the laws are on this subject, but I can only really see bother if your potentialy passing off as that company.

If your domain name is www.*brandname*comparison.co.uk for example, then its quite obvious what the site is about, but if its www.*brandname*cookers.co.uk then this could be seen as trying to pass off as being part of the brands company.

[brussell78]

Sorry don't understand the double post ?

Mine says this too everytime I post - Not sure why as it doesn't post the reply twice nor have I replied twice....

[Lawcom]

there's definately a technical hitch.. clicking 'post quick reply' is opening full 'post reply' we are then clicking that making the double post..

I had to quick post, go back and refresh to notice the first post had been put through..

[fizzbird]

OK, question answered and it's back to the drawing board for me then.

Not necessarily, a lot of merchants will allow you to use their brand in the sub domain. Check the terms - some specifically allow it and some don't mention sub-domains, so you could try it and leave the onus upon the merchant to ask you to change it.

As has been proved with voucher code sites - all rules go out of the window if you are making sales (or, giving the illusion you are - as per voucher codes!)

[aotagain]

You may find that search engines are OK with www.mydomain.co.uk/sometrademark.html, but not with sometrademark.mydomain.co.uk.

I believe (search Webmaster world perhaps) that subdomains are more of an issue than directories as the former can interfere with search results for the trademark company.