Hey everyone, I have a quick question about purchasing a domain that could possibly have a trademark. I couldn't find the exact answer that I was looking for, so I'll make this short and sweet. Say you are an affiliate with a company who's name is not famous (i.e. they are common words of the English language, nothing along the lines of "Microsoft" "Yahoo" "Google" etc.). Lets pretend for the sake of argument that the website/company name is "www.fastbike.com" Would I be in violation of a trademark if I purchased "www.afastbike.com" and have it forwarded to their domain via my affiliate link, given the fact that technically the context is different? Certainly you cannot trademark common words of the English language?! I know just because other people can get away with it doesn't mean that I can. However, and example would be "www.paydot.com" is a domain that forwards itself to "www.paydotcom.com" via affiliate link
They can't really sue you as your no harm for their business, however if they've got reason to believe you are using the domain illegally or representing negativity to the trademark then they will take the domain from you. Otherwise, just for an affiliate redirection you've got nothing to lose.
I would say that is up to the affiliate company. They all have different rules. Some don't care, some don't want you to interfere with the brand name at all, or bid on the brand name for keywords. Also, some don't allow direct linking through paid advertising. And yes you can Trademark common words of the English language, Entrepreneur, Fast Company, Mug, Spin, and Pure all come to mind.
Not really. A company wouldn't go through the effort of taking a domain away if it's giving positivity to a business like affiliates, because they won't really do anything with it - whereas if someone is using it and promoting it, it's better than just "owning" the domain however when it does make a bad impact then they will take action for the integrity of the business relations.
Actually, this is just what happened. I wont go into details of the exact name, but heres a little update: History: Through some other forums, one of my friends became business partners with someone who seemingly shared the same values. They decided to create a product that could help people with their problems, and started a site with a membership section. Recent: The site has now became relatively popular, and they just released an affiliate program for members to promote the site with some appealing recurring commissions. Current: My friends business partner seems to be quite the boyscout in wanting to save the world. He preaches how everyone comes before him and that he wants to help as many people as he can with their problems. Ethics: Now, it is within his rights to do so, but I had mentioned to him about buying domains for affiliates to promote his product, and he said it was a "good idea." I had informed him that I purchased a domain to compliment their site so that I would have an easier time promoting it. He checked out my domain and said "thanks, you just reminded me of something" and proceeded to buy up every conceivable domain that is related to their site -- so that his "dear" affiliates would not be able to use them as a means of promotion -- and he jokingly told me that it was good he got the domain I purchased registered before I did, or he would have to file a trademark claim, and that it saved us both time. Present: Turns out my registration went through and I receive a message from him informing me to give him the domain or else he would seek retribution against me. I informed him that I would cease and desist, and that I have also ceased and desisted from promoting his products. Was this the right thing to do? Sounds to me like a wolf in sheep's clothing, pretending to be a helping hand but wants all the "profits" for himself Is there anything else I could do? Like perhaps turn the site into a blog and monetize it a different way?
Trademarks are registered by use. If you use it for something completely different, you may have a chance of not being bothered, but it really depends on how closely related it is to the original domain and if the company cares. Your friend sounds like a prick, so I can see him attempting to take it, but your registration date may help. I have a domain 'Pure Hydroxycut', and I sold Hydroxycut on it, and no one cared (not that it matters anymore), but I probably wouldn't take that chance again.
Read your affiliate agreement. And it's solely up to the company to decide on their own how to benefit (if any) from other people's usage of their mark.