Product Name In Domain Name...

What's the legality regarding having a product name in your domain name? I don't see how there's a difference between having it in the url ie; www.domain.com/product-name
vs having it directly in the domain name but I've heard there is one, and you can get some pretty serious fines for brand delusion or something similar..

Also would the actual content make a difference about the legality of a domain w/ a product name in it? What if you make it very clear there's no correlation between the site and the company in a disclaimer or something?

 

The answer to this question boils down to a few things. First, and most importantly, is if the manufacturer of the product has a trademark on the product. If they do, then it would be quite simple for them to take your domain from you via UDRP, or to demand that the registrar and/or host cease providing service. Quite simply, trademark holders are granted a lot of protection from their mark being used in a domain name - especially if their trademark pre-dates the registration date of the domain. Second, is the desire of the manufacturer to go after misuse of their product name. You may want to research to see if there is prior mention of the manufacturer going after people misusing their product names. Even without a trademark, there are countless cases of companies going after domain names that cause confusion with their brand. The content on the site may help a bit in cases that aren't open and shut (such as the trademark example above), in which case the content in no way could be considered to cause confusion regarding the product or your lack of affiliation with it. If you are intent on using a product name manufactured by a third-party in your domain, I would be prepared to lose that domain at some point. Of course... I could be totally wrong in your case, and the manufacturer may not care or ever know. Just a decision you need to make.

 

Thank you, I appreciate the help. Ironically the company that produces the product I'd like to use for a domain has been sought after by another company for their trademark being a domain name and had to change it. I'm not sure how to determine if the product name itself is trademarked, but I'll do some digging.