How Close Is Copyright/Trademark In Regards To Domains?

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Staccs

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May 14, 2010
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I found a fairly decent exact match domain available that involves a model name from a company + what it is.

For example, Company X released a laptop called "SuperST2" last year. I know see that the domain "SuperST2laptop.com" is available.

Will I get in any trouble for buying, and making money via AM off that domain?

I've got an idea from someone, but I'd like some other opinions before I make up my mind.
 


if they have an affiliate program, look there. You should be able to easily tell if they are sensitive or not.

I'd go for it if I were you regardless
 
After Google'ing "Company affiliate program" the only notable result was a product by the company, but not the one I will potentially target, on CJ.
 
Even if the company has a problem with it, you'll probably get away with it longer than you would if you were using the actual company name in your domain. And some companies just seem to not give a shit or they don't have anyone keeping an eye on people using their TMs.

If you think there is good money at stake, I'd say get started now, and if and when you get contacted by the company, worry about it then. Or get the site profitable and sell it for a good price before you are ever contacted, and let someone else roll the dice with the site.
 
It's not even a word, it's more like a model number. Similar to GX740Laptop.com if I were referring to this (legit link) laptop.

I just don't want to deal with any legal troubles. I'm thinking I should just buy it soon.
 
IANAL, but...

Have you done a Trademark search on USPTO.gov for SuperST2 ??

If it's trademarked, you're in the risky area. You're profiting off of their trademark and they have legal recourse if they want it.

Of course, they might not be mad since you're going to be selling the great features of this product for them, and may fly under the radar anyway. If the company is known for having a football team of evil lawyers, you might not want to. Google around for CompanyName + Lawsuit to see how nutto they are.

I have one domain with a trademark in it. I state that I'm NOT affiliated with them and tell them where the official domain is. It's better to ask for forgiveness than permission, IMHO.

They won't sue you right away unless you're really screwing with them or they're simply complete assholes - they'll most likely look the other way if your site is nice, or send a DCMA takedown notice if they're not cool, and may ask for you to transfer the domain to them.

Don't risk your life savings on it, but if you think you can get a quick hit of cash off this, go for it.
 
I couldn't find the product on USPTO, but all I did was type the product number/name into the search, not sure if there's more to it. A Google search for lawsuits only shows class actions against the company, at least up to page 5.

This isn't a huge opening, and will be my second niche, but it's appealing having 33K exact match direct GMSV and an exact match domain available. And it is something people may buy from considering it's product name + what it is. I think I'll go for it.
 
About to make up my mind. The company will give me a warning first, right? Even if the sites been up for a few months and is bringing in a small profit?
 
You'll get a "Cease & Desist" notice atleast once before they level any legal action against you.. courts cost a lot of money, a nice warning letter doesnt, so thats where they'll start.

IMO generally you'll be OK as long as its like "zr720laptop.com" rather than "samsungzr720laptop.com"
 
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