AidenJ

What do you do to avoid trademark issues when registering domains? It seems some of the serps, like Google, put a lot of stock in keywords in the url. However, a lot of companies search for their trademark names in domain registrations. I recently read about an e-bay dispute where they letters "ebay" where in the middle of a url made up of two words, and they tried to sue. E-Bay lost, but it just goes to show you how far some companies will go. Also Google does not allow any domain with "Adsense" in it now to run adsense ads.

So how do you manage these issues when looking for domains related to trademark products.

compuXP

http://www.uspto.gov

First do a Trademark search to see if the word you're using is a trademark, and if so, how big the company is.

I generally get keyword domains when I can, or really popular but extremely short 2 word phrases. I DID own MicrosoftOffice.us once just for kicks, but really, I've never encountered any problems.

MicrosoftEBayGoogleAmazonYahoo.com available, anyone?

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DogFaceBoy

Most companys are to small to do anything about getting the domain from you. If they send a C&D and you don't respond, I belive that they have to pay a $xxxx fee to ICANN to get it. Most companys won't do that though.

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TheOmnicorp

Good topic AidenJ;

Clearly what I don't understand is the fact that some of this falls under 'free-speech' and 'free-enterprise'. Where do you draw the line. However, from my own research, Trademarks, were originally designed and created to protect the 'consumer' from being falsely mislead - more than the 'company' which held it's name. And it's come to the point that some company's like to abuse this power.

Isn’t it in the Trademark Company’s own power to go about and register every single domain name possible to protect it’s own interest. Instead of going about and searching for individuals that register a domain name with their name in it. If it’s used in a manner that promotes the original trademark or is in a different class of business that doesn’t infringe on the trademark or falsify the consumer in believing which Name is real, than there shouldn’t be any penalties for using it. But that’s not always the case.

Why doesn't ICANN or the regulating body of domains lock every domain name with "Ebay" "Microsoft" “Al’s TV Repair” or whomever, in the domain name down? It’s not realistic - probably because the relentless amount of possible names, how many John Smith’s are their in the phonebook; does that keep you from naming your own child the same name? (Just an unrealistic approach to this). But does that give that company the right to "Sue" every individual or business to register a domain name with that name in the title. Appears as though it’s just a bullying tactic – would it be in their best interest for them to register their own names – probably a lot less costly than getting an attorney. I guess it goes with certain boundaries - I've seen numerous Google Sites with Google in the domain name; which run Google SEO sites or Fan Sites.

You could talk about this subject for hours, days, years. And when it comes down to the law, it’s anybody’s interpretation of what the law is, ask any judge or lawyer and you may get a different opinion.

I’m available for offline discussion.

Advice: Don't buy anything with HolidayInn in the domain name. Whether you promote their product or not. I think they bounty hunters that just specialize in finding domain names with their name in it.

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lisa1979

Well I've got a domain name you might see below - and I've started getting emails!!

Lisa

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pairbrother

One of my first domains was princeOfPersia3d.info, later i came to know about the TM issues, so i have left it undeveloped, no emails resvd frm anywhere till now.

lisa, which one of the listed domains r u talkin bout?

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