Trademark in domain name; will my money been sued & I go to jail

Discussion in 'Legal Issues' started by firedauz, Sep 23, 2010.

  1. #1
    Hi there, I need opinion here,
    I want to have domain name with trademark in its, since it help a lot in SEO effort, I have seen other people use it since last year and their website still running and got top 10 for good keyword,

    The question here is what are actions they will take against me? Do they will :-

    Sued me at court for thousand dollar and sent me to jail
    Or they just sent request to registered domain name or hosting company to shutdown the domain name.
    I live outside USA,UK,JAPAN, I live at country which those company doesn’t have any firm here or just a small branch

    I live at some country in Asia , I bought domain name at name cheap and will host it at hostgator
     
    firedauz, Sep 23, 2010 IP
  2. vitalbusiness

    vitalbusiness Peon

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    #2
    If you live outside of USA, UK, Japan there's nothing for you to fear as your country has its own laws that may or may not agree with the international laws. It's your country's laws that should concern you, not the US' or UK's.
     
    vitalbusiness, Sep 23, 2010 IP
  3. AstarothSolutions

    AstarothSolutions Peon

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    #3
    Realistic case is that they recover the domain from you and have your hosting account closed down.

    Worst case is that they sue you for thousands of dollars and your country is one that will enforce it or consider other punishments suitable for it.
     
    AstarothSolutions, Sep 23, 2010 IP
  4. Business Attorney

    Business Attorney Active Member

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    #4
    Going to jail for having a trademark in your domain name? That's never going to happen anywhere that I know of. I doubt that your country throws people in jail for trademark infringement, or at least at that level of infringement. Counterfeiting goods is one thing, catching a little search engine traffic is entirely different.

    If you are not in the US, and the company is a US-based company with no presence in your country, the odds are good that they would simply try to shut you down.

    Sure, they can sue for damages, but unless you build a very profitable enterprise, chances are they will not be able to collect enough to cover their costs.

    But why infringe a trademark? You build a business on someone else's name and all your hard work can be yanked away in an instant. Surely there is a better way to make money.
     
    Business Attorney, Sep 23, 2010 IP
  5. firedauz

    firedauz Peon

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    #5
    yes, i just want to catch search engine traffic, but i also have question here, if i use their brandname on domain to get traffic, it is OK if i put adsense on my site?, or i just can put amazon affiliate link about their product and should not put other product..
    did amazon allow this such promotion using tradmark in domain name, i tried to find this term and condition , but i don't find it
     
    firedauz, Sep 23, 2010 IP
  6. mjewel

    mjewel Prominent Member

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    #6
    You'll lose your adsense account and Amazon does not allow their trademark to be used in a domain. Don't waste your time, choose a domain name that isn't infringing.
     
    mjewel, Sep 23, 2010 IP
  7. firedauz

    firedauz Peon

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    #7
    i should report to google and amazon about other affiliate using trademark in domain, this is not fair competition if they use it and i won't
    i treat this business seriously as my hope to make $50 000 permonth
     
    firedauz, Sep 23, 2010 IP
  8. perfectblue

    perfectblue Well-Known Member

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    #8
    I had lost my adsense account before when i had the domain name sonyericsson in it...
    beware !!!
     
    perfectblue, Sep 23, 2010 IP
  9. firedauz

    firedauz Peon

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    #9
    if i got their permission because i promote their product sold at amazon, i not use for adsense ..
    i send them email and request permission latter as a prove to show to amazon if i had issue latter

    and again, i want report to google adsense and amazon other use it, these is not fair seo competition
     
    firedauz, Sep 23, 2010 IP
  10. mjewel

    mjewel Prominent Member

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    #10
    Amazon will not give you permission, period. It would be a total waste of time to even ask, but go ahead and try. Why would Amazon want to spend thousands of dollars drafting a licensing agreement and then monitoring it to make sure you are in compliance with the terms to pay you commission on a sale that you made using their trademark? If people search for Amazon, they want their site to come up, not yours or anyone else's. This the same reason they don't let anyone use their trademark in adwords.

    There may be small time operators using their trademark that haven't had their site taken down yet, but they are so small they fly under the radar and probably aren't making more than a few dollars per month. Why anyone with hopes of a large affiliate site would be dumb enough to use a trademark is beyond me. An affiliate site making $50K a month is going to take a major investment in money and time - only to be taken whenever Amazon feels like it. Go ahead and spend your time reporting other people. I would suggest spending your time in a manner that might actually be of some financial benefit to you.
     
    mjewel, Sep 23, 2010 IP
  11. firedauz

    firedauz Peon

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    #11
    if i kill that man, i will be the winner #1 among all other in top 10

    actually, what i means is i will ask permission from company for specific product. for example, i want to promote cordless drill, then keyword makita cordless drill is golden keyword, then i will request permission from makita to use their brand name and tell them i only promote their product sold at amazon,if have any issue latter with amazon, i will show the permission latter that i got from Makita company
     
    firedauz, Sep 23, 2010 IP
  12. mjewel

    mjewel Prominent Member

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    #12
    Ok, but 99% of trademark holders will say no - the exception being if you are an authorized dealer, then sometimes they will allow it.
     
    mjewel, Sep 24, 2010 IP
  13. fileidol

    fileidol Well-Known Member

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    #13
    I am ex domainer ..i recommend you to avoid Trademark in domain name..trust me don't lose your time ..BIGBOYS always will slap you .
     
    fileidol, Sep 24, 2010 IP
  14. firedauz

    firedauz Peon

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    #14
    if my amazon and adsense account been banned, can i make new one using same name and same address
     
    firedauz, Sep 24, 2010 IP
  15. mjewel

    mjewel Prominent Member

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    #15
    No, you only get one chance at adsense.... a ban if for a lifetime.
     
    mjewel, Sep 24, 2010 IP
  16. firedauz

    firedauz Peon

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    #16
    what about amazon
     
    firedauz, Sep 24, 2010 IP
  17. mjewel

    mjewel Prominent Member

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    #17
    Of course not. They don't ban you so you can just create another account.
     
    mjewel, Sep 25, 2010 IP
  18. BEN_D

    BEN_D Active Member

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    #18
    You will lost your web hosting account.
     
    BEN_D, Sep 29, 2010 IP
  19. Aquarezz

    Aquarezz Notable Member

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    #19
    It variates from company to company. Having a trademarked domainname is never good though, in the end you will lose it anyway ;)
     
    Aquarezz, Sep 29, 2010 IP
  20. cartmanisfat

    cartmanisfat Peon

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    #20
    i hope it isnt something with googl.....
     
    cartmanisfat, Oct 6, 2010 IP