building a coupon site using a brand name

i have seen people build coupon sites/mini sites using brand names like - getjimmyjohnscoupons.com

technically they are using a TM name in their domain but the restaurants don't seem to be bothered. is it because of the content since they are not trying to represent the restaurant or is it matter of time when the sites are going to be shut down?

appreciate your feedback.

 

Possibly. As you said, though, it might be a matter of time, leaving all that domain holder's work to waste.

Generally it's not a good idea to use someone's brand/trademark in your domain name, especially if you aim
to make money off of that without their permission.

 

Why people use brand names? that makes no scene???

 

Simple: to ride on, much more make money off, existing commercially-successful ones. More power to those who are (so far) getting away with it, and no tears or
sympathy will be given to those caught doing something that isn't generally allowed.

 

I am going to try to make a complicated issue simple. Trademarks are used to not only protect a company’s reputation and good will, but also to prevent consumers from being misled as to the origin or quality of a product. Recently, trademark law has become further embroiled with domain name issues. The domain name system was invented to allow internet users a way of accessing specific computers on the Internet through easily remembered names. Domain names have become a valuable property in today’s Internet economy. Consequently, trademark owners have been quick to use the courts when they feel others have taken domain names they are exclusively entitled to use.

As a general rule, you cannot use someone's trademark in your domain name. The courts have given trademark owners tremendous consideration when deciding who owns a domain name; going out of their way to give a trademark owner the associated domain names -- Especially if they found Bad Faith on the part of the registered owner (not the trademark holder.)

However, the courts have also said if you have a site selling a trademarked good in a legal way, it is OK to use the trademark in the domain. This exception is extremely fact specific and you need to understand when and why this exception is valid.

There are other exceptions as well - the best example being gripe sites (i.e. GoogleSucks.com). Again, this exception is extremely fact specific and you need to understand when and why this exception is valid.

This is an area where I recommend you get professional help. A few dollars spent upfront can really save you headaches down the road.

 

As long as you don't claim to be the TM owner (you should go out of your way to say you're not to be safe) or you're not making them look bad with the site, you have nothing to worry about,

 

Wrong. Amazoncoupons.com and amazon-coupons.com are just two examples of sites that "Amazon" went after and took. A disclaimer does not absolve you from a trademark lawsuit.

 

Both of those were against the Amazon TOS and had a valid claim that they hurt business.

 

This is just an incorrect statement of the law and bad advice.

 

If you are going to buildup big site then it's better leave TM and create your own TM.

 

As you said ... technically ... so not for sure. Some don't mind using their name if you are an affiliate with them.