I found a domain name of a product that sells really well. I would like to get that domain name and sell that product as a affiliate . Thing is normally you can not be an affiliate and use the name of the company or the product but in this case, i will be selling it for a third party company. so in the agreement it only says that i cant use the name of the third party company and nothing about the product . it would be like getting the name ipad dot com and becoming a affiliate of bestbuy. would apple have a fit and sue or would they have to buy the name from me if they wanted me to stop? In my case its not a huge company like apple.
There is a lot of gray area with trademarks, but regardless the company can still sue you doesn't mean they will win. Usually the way it works is, they have to prove that you are using their Mark in a way that could confuse consumers that you are them. You are allowed to use trademarks for parody purposes or if your business involves their trademark and their is no way to describe your services without it. For instance, I own a domain name with a trademark that involves a certain social network. The purpose of my website is to Find profiles from this network so my domain is Find*********.com I have disclaimers all over the site that say we are no affiliate whatsoever with the parent company and even have a link to them at the top. I believe I am within my legal right, but they still have a right to sue me. That's just the chance you take. In my opinion it's not even worth it, that's why I haven't put any money into the site. It happens all the time when trademarked names are seized and it becomes a waste of time.