Trademarks in Domains?
I might have left it too late but I’m going to register some domains for Christmas sites. I’m going to be promoting toys I think will be popular this Christmas and make a mini site for each toy or product.
From what I’ve read the advice says to use the name of the toy in the domain name but from what I’ve read in the past this is not a good a idea as the chance of getting a letter from a lawyer is quite high.
I won’t be using the trademark of the company making the toy but will be using keywords that are used in the name of the toy. For example for a product from Matel called My First Baby Walker I would register a domain like www.firstbabywalker.com. Will this get me into trouble?
As these sites are for the Christmas market I won’t have them up for too long.
What are your thoughts in this instance? I know domains like SonyPlaystation2.com are going to get you into trouble but will a domain like the one in my example still draw the same amount of attention and get me in trouble?
Hopefully I am not too late for Christmas and I can get these sites up and running this week giving me about six weeks until the big day.
It’s hit and miss on the keywords that relate to the product. I usually start with a trademark search for the keyword, using http://www.uspto.gov/trademarks/index.jsp
Also, it depends on the company or the size/priminence of your site, it might fly under the radar and you’ll be OK.
I guess in these cases it’s always the risk/reward payoff.
I don’t think your example used will be an issue as it is to generic.
I used to retail mobile phones online and remember the network trying to place a block on anyone using 3 or three in a domain name.
In the end they couldn’t and as they had no chance of getting their name as a trademark. The network ended up working with me to ensure that they were protecting their brand.
I have a cracker lined up at the moment and its a product of Adidas…but I am at the same crossroad as you are and fear they could come down on me.
I have a couple of sites where I have done something similar to the baby walker example and used part of the product name and that’s as far as I’d risk it personaly.
I also have a few other sites where I have used completely generic words to describe a product and I’m outranking sites that have the brand name and product name in the domain.
I have registered a few in the past but now avoid them like the plague. The turning point came when I got my first scary legal letter. It was at that point that I realised I didn’t want the time, expense, or hassle of taking on any of these disputes (and I’m not sure I would have lost) and therefore decided to stay clear.
If you don’t mind kicking up a bit of a fuss and have some funds kept aside for legal advice then perhaps those more “generic” trademarks are worth a go.