Trademark in URL but not domain

Discussion in 'Legal Issues' started by eves, Dec 12, 2006.

  1. #1
    I got a pretty good idea as to how it works if a someone elses trademark is in a domain name....but what about if it is in the rest of the url, as in

    www.domain.com/TRADEMARK-widgets.htm

    Page is made for commercial purpose (selling their product).
    Can there be any legal consequences?
     
    eves, Dec 12, 2006 IP
  2. Dave Zan

    Dave Zan Well-Known Member

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    #2
    Let's just say "there isn't supposed to be." But that won't stop some parties
    from being "anal" about it.

    I've seen various samples of what you just asked. In all those cases they did
    rename that portion to avoid trouble.

    In short, it was more a matter of being pragmatic than legally right.
     
    Dave Zan, Dec 12, 2006 IP
  3. slipxaway

    slipxaway Active Member

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    #3
    Technically speaking, URLs do offer search engine benefits. So essentially if you are selling their products, you're gaining extra benefit from having their TM in your URL, because it's helping you place higher in the SERPs and ultimately helping you to profit off of their TM. How this is viewed legally though, I have no idea.
     
    slipxaway, Dec 13, 2006 IP
  4. mjewel

    mjewel Prominent Member

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    #4
    Trademark holders can prohibit the use of their trademark in advertising (like adwords). If you use a trademark in a domain name, they are under no obligation to contact you before suing you, however, most will- in an effort to solve it without legal expense. I think it is extremely unlikely a company is going to sue someone for use in a url without first contacting the party who is actually selling their product. If you are contacted, you can either remove it, or fight it knowing that even if you win, you can run up tens of thousands of dollars in legal fees which you aren't able to recover. Personally, I would go ahead and do it until the unlikely event you are contacted and told to remove it. Practically speaking, you aren't going to want to spend $30K in legal fees proving you were right.
     
    mjewel, Dec 13, 2006 IP