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GoDaddy reviews : Good idea to use GoDaddy?? using trademarks and tradenames

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I'm interested in registering some domains with embeded trade names, something like searchforprada.whatever. I want to do this because there may be a slight search engine boost, for each site the content will be tailored to the keyword. and have affiliate links..

After reading though a few posts on this board I'm interested in the legal position, there is no intention to decieve or defame (just to make a few bucks with affiliate links of some type).

Of course there are options like mysite.com/prada.html or sub-domaining like prada.mysite.com which may help a little with SEO. I see this sort of thing quite often, and as the trade name appears in the URL even if not in the domain, I don't really see any legal difference... but what do I know (nothing!).

It's not really a big deal, I have a number of domains that I use for this sort of thing with no related keywords at all and they do OK, but I want to add a few more, targetted, to get better SE saturation, so I thought I'd try some experiments......

Comments (9)

"After reading though a few posts on this board".

Please read for about a week longer and all of your answers will be answered. But what you are asking about is called cybersquating. Using a TM domain to steal traffic for your own personal gain...

Comment #1

Hi DNQuest,.

Thanks for your response, I did quite a bit of reading, but it's certainly not very clear, in fact it is confusing for a newby. For instance a definition of cybersquatting from WIKI says: According to the U.S. federal law known as the Anti-Cybersquatting Consumer Protection Act, cybersquatting is registering, trafficking in, or using a domain name with bad-faith intent to profit from the goodwill of a trademark belonging to someone else. The cybersquatter then offers to sell the domain to the person or company who owns a trademark contained within the name at an inflated price. In my example searchforprada, prada is a registered word mark in the US, so you feel I shouldn't have a domain with prada in it ? You do realise of course that 'quest' is a registered word mark in the US, and therefore by your definition you shouldn't be using it as part of your domain name Also some of the domains you are selling have word marks in them...

Comment #2

No risk no gain.

Bottom line is this: if the trademark holder sees you're intending to get a free.

Ride on their hard work, with no visible benefit to them, then they'll likely make.

A big fuss. Wouldn't you feel that way if you built a brand and saw someone.

Doing that to you without you getting anything out of it?..

Comment #3

So true... by the way have you noticed your blog has archives from December 3006 and the link takes you to a page saying Entries written in December 1969..

Comment #4

I would steer clear of using domain names with a company's trademark. Companies have become very diligent in protecting their marks. While you may generate a couple of dollars using the mark, it is not worth the headaches you will get if you receive a cease and desist letter or an UDRP complaint.

Stay focused on generics that don't infringe on the intellectual property rights of others...

Comment #5

I'm working on that. Just not easy for a php and css-challenged peon like me...

Comment #6

See, your second mistake.

As far as your question, it has been gone over in this and other forums too. You situation is the very essence of cybersquatting. Please read my previous post where I explain cybersquatting, it is a very simple single line that excompasses the very meaning...

Using a TM domain to steal traffic for your own personal gain.

Did you register or going to register a domain with the purpose of stealing traffic so you make money? The answer is yes, you are a cybersquatter. ^^^^^ And this is the reason why you are a cybersquatter...

Comment #7

Wow, peace man you do take yourself very seriously.

What I'm thinking about are not parked pages, but sites that displays relevant results, for instance fordauctions could be used for listings of ford auctions. This wouldn't be bad faith if the domain is relevant, doesn't pretend to be the ford motor company. It would not be misleading, I think this would constitute 'fair use'.

(fordauctions.com is actually parked at godaddy, nothing to do with me, just a random sample This to my mind isn't fair use as it has a picture of an Alpha and most of the links are not relevant.).

As far as stealing traffic, all sites intend to grab trafic that would otherwise go to other sites, it it stealing? is SEO, a deliberate attempt to improve rankings an attempt to steal traffic? If you have, for instance, mydomain.com/ford.html, the TM in the page name may improve SEO, so is this stealing traffic, get real.

You seem to be very hot on the idea that cybersquatting = TM infringement?.

When I first heard the term 'cybersquatter' I thought it meant someone who registers a domain with the intent of reselling it for profit, with no intention of developing content for the domain.

At the moment I'm not a cybersquatter, by either definition, I'm more interested in developing domains, careful consideration of the name is just one small part of SEO.

However, by my definition, cybersquatting is just business, investment, speculation, whatever...

Comment #8

I don't take myself seriously, anyone who knows me knows that, what I do take seriously is trying to help people and put them on the right path (**ahem.. cough ** ahem). But I will say that I am blunt becuase if I am not, the correct message may not be conveyed. But onto the real answers here.. ^^^^ This has been deemed "bad faith" and has been deemed as cybersquatting (just read the upteem number of UDRPs). Fair use? not a chance in this example (commercial gain) Stealing traffic means....

Since the links are for commercial gain, menoy that could go to the TM holder is not going to them, hence unfair competitioin and violation of their TM. SEO does not steal traffic, the domain owner who sets up the TMed domain is stealing the traffic. SEO is just optmizing the domain for commercial gain. Actually, my feeling is illegal TM infringement = cybersquatting. Well, then there is the legal definition which I have already covered (paraphrase of course).

You see, it is viewed that if your making or attempting to make money from using a TMed domain, that is bad faith. And this is the reason why overreaching has been possible, many other people have this view too. And it comes down to companies overreaching, and they are being allowed to overreach by panelists and courts becuase of the slimeball cybersquatters whose only thought is to make money from TMed domains. Now, I am not calling you a cybersquatter because I have no idea if you are not personally. But with your reasoning, I can see you receiveing many C+Ds and possibly UDRPs or even court action.

In conclusion, if you think I am being too serious, I am not, I am just layin out the facts about the business and cybersquatting. You do what you like becuase only you know your own risk/reward factors. But please research the subject carefully, read all the past posts that you can. And just to let you kow, tere is a user here who listened to some advice along the lines of your thinking and he acted on it, the TM holder is currently making an example of him and are refusing to negotiate or ease up on him. They are looking to break him, and it's all legal to do so. So if you think it cannot happen, it can.

BTW part 2 - Also look up the meaning of "fair use", you defination is not correct.

BTW part 3 - You have no idea how much I am helping you at the moment...

Comment #9


This question was taken from a support group/message board and re-posted here so others can learn from it.

 

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