nin-ten-do.com

mogulmedia · 24-08-2010, 10:01:19 AM

I hope I don't get into trouble with this as really I am looking not just for a domain appraisal but an actual site appraisal.

nin-ten-do.com

Of course you will recognize the brand name as the videogame manufacturer, however broken up into three Japanese words like this the meaning is roughly translated to mean "leave luck to heaven" or "in heaven's hands".

The site has nothing to do with heaven and is in fact a Nintendo gaming blog which I set up as a bit of fun as I like their games.

The domain has no trademark issues as Nintendo apparently do not mind the name Nintendo being used in a domain as long as it is not derogatory to their business. In fact there are hundreds of domains with it in and I personally believe they are happy for others to indirectly promote their news and products! You could also argue that this actually doesn't read 'Nintendo' as it has two hypens in breaking it into three Japanese words.

Anyway onto the site and domain - I realise that nintendo.com would be worth a lot more than nin-ten-do.com but was wondering if you thought the domain itself has any value?

If not then how about the site as a whole? I get anywhere between 2500 - 4500 uniques per month. No revenue yet as I have only just literally put Amazon Associate ads on it. The domain was registered in 2008 some time and it has had content on since about April 2009.

Would be interested to hear your thoughts...

Thanks

stevef1fan · 25-08-2010, 12:40:37 PM

Hi there.

I too would be very interested to hear what other people think about this.

My feeling is it must be a breach, because despite the hyphens you're using the word nintendo with a site about nintendo products.

Passing Off ? ? ?

If it was a bricks and mortar business would you get away with it ?

You could have a site called A-did-as - three innocent enough words, but we know what the real intent is. And intent is the most important thing here.

Personally, I'd steer well clear. Evenif it is ok, it's a domain full of hyphens which isn't a good thing. That aside, I'd like to know what other people think.

retired_member13 · 25-08-2010, 12:46:10 PM

Unless you've got a letter from Nintendo specifically saying they are happy for you to use their trademark in this way I'd say the name is a complete liability to own.

Not only could you lose it at any time via WIPO / UDRP (and the more successful you are the more likely this is to happen), but you could end up getting sued for some serious damages, especially as now you're selling stuff on the site you are diverting custom from "official" Nintendo resellers. You're also risking losing your Amazon, Google Adwords, AW etc accounts for copyright breach if a merchant or competitor complains.

<Added> I've just looked at the Whois and you've registered it to "N/A" - this is likely to make things much worse if there's ever any trouble with the name.

namealot · 25-08-2010, 01:32:01 PM

As its not there actual trademark (they may argue is likely to cause confusion or mislead passing off etc ) But if you did not sell, advertise, make revenue, or post defamatory or other slanderous remarks, comments, revues etc about them or there competitions products, services etc and could substantiate that the wording as you have it means or is generally accepted as another entirely different product or service etc then they would unlikely to pursue you, But if you did then they would have you buy the balls ?

It s a common misconception that just because a company has not pursued its right to a trade mark it won’t. You could try using that as mitigating circumstance it would doubtfully win many if any cases but might lesson the penalty,

I’ve not seen any official release that the company are happy or not happy with others using its trademark, Without any form of official acknowledgement, authorisation, waiver etc you should assume that they will pursue it the fact that they have not does not mean the can’t? Once you commit trademark infringement ( unless its defamatory )etc in many cases companies will let you carry on for a number of years or until you reach a certain level the reason for this is you are building a stronger case for them, (Which could also mean a demand for more compensation,)

E.g. you register a.com they jump on you the next day they could try and take you to court and seek damages but apart from the likely hood of them not receiving them there would be little or no gain to them, It could even cost them money?

But if they wait you develop the site get in a revenue build up a customer base have a successful marketing campaign or new ideas or identify and tap into a previously un thought of by them markets for there product, service, Also all the time promoting there product at no cost to the core company (if you purchasing items from them or official distributors) You have to remember they had you bang to rights the minute you registered there name and it can be more cost effective and profitable to them to let you dig you own hole so to speak..

Having just seen ty added comment about the N/A registration although trademarks are a in the most Russian roulette type situation you have just fully loaded the gun in there favour…?

grantw · 25-08-2010, 01:43:00 PM

Quote:

Originally Posted by mogulmedia

In fact there are hundreds of domains with it in and I personally believe they are happy for others to indirectly promote their news and products!

How many times are people going to try and condone their own actions with this lame excuse - drives me insane!

Imagine yourself stood in court and your only line of defence is that other people were doing it so you thought it was ok, how do you think that would go down with the judge???

Quote:

Originally Posted by mogulmedia

The domain has no trademark issues as Nintendo apparently do not mind the name Nintendo being used in a domain as long as it is not derogatory to their business.

Is this the official line from their Law team or from someone down the pub?

Grant

grantw · 25-08-2010, 02:00:31 PM

Read this and maybe have a rethink about your assumptions:

http://www.allbusiness.com/legal/tri...6187937-1.html

Grant

namealot · 25-08-2010, 02:07:57 PM

Just seen dis-ney is available they don't mind people using it

, I know because I asked a guy whose cousins, boyfriend, sister used to work for a woman whose friend drove a car and were she used to buy petrol and the pump attendants, manager, neighbour’s, dentist, milkmans ex girlfriends son Mickey said it was fine…

mogulmedia · 25-08-2010, 02:11:19 PM

Quote:

Originally Posted by stevef1fan

Hi there.

I too would be very interested to hear what other people think about this.

My feeling is it must be a breach, because despite the hyphens you're using the word nintendo with a site about nintendo products.

Passing Off ? ? ?

If it was a bricks and mortar business would you get away with it ?

You could have a site called A-did-as - three innocent enough words, but we know what the real intent is. And intent is the most important thing here.

Personally, I'd steer well clear. Evenif it is ok, it's a domain full of hyphens which isn't a good thing. That aside, I'd like to know what other people think.

Thanks for your thoughts!

Quote:

Originally Posted by Ty_

You're also risking losing your Amazon, Google Adwords, AW etc accounts for copyright breach if a merchant or competitor complains.

I actually opened an account with Amazon using this domain so would they not have rejected it if it was a problem? Also Amazon are 'official' Nintendo product sellers aren't they?

Quote:

Originally Posted by namealot

As its not there actual trademark (they may argue is likely to cause confusion or mislead passing off etc ) But if you did not sell, advertise, make revenue, or post defamatory or other slanderous remarks, comments, revues etc about them or there competitions products, services etc and could substantiate that the wording as you have it means or is generally accepted as another entirely different product or service etc then they would unlikely to pursue you, But if you did then they would have you buy the balls ?

It s a common misconception that just because a company has not pursued its right to a trade mark it won�t. You could try using that as mitigating circumstance it would doubtfully win many if any cases but might lesson the penalty,

I�ve not seen any official release that the company are happy or not happy with others using its trademark, Without any form of official acknowledgement, authorisation, waiver etc you should assume that they will pursue it the fact that they have not does not mean the can�t? Once you commit trademark infringement ( unless its defamatory )etc in many cases companies will let you carry on for a number of years or until you reach a certain level the reason for this is you are building a stronger case for them, (Which could also mean a demand for more compensation,)

E.g. you register a.com they jump on you the next day they could try and take you to court and seek damages but apart from the likely hood of them not receiving them there would be little or no gain to them, It could even cost them money?

But if they wait you develop the site get in a revenue build up a customer base have a successful marketing campaign or new ideas or identify and tap into a previously un thought of by them markets for there product, service, Also all the time promoting there product at no cost to the core company (if you purchasing items from them or official distributors) You have to remember they had you bang to rights the minute you registered there name and it can be more cost effective and profitable to them to let you dig you own hole so to speak..

Having just seen ty added comment about the N/A registration although trademarks are a in the most Russian roulette type situation you have just fully loaded the gun in there favour�?

Thanks mate, really interesting. For a start I'd better change the Whois eh?!

Quote:

Originally Posted by grantw

How many times are people going to try and condone their own actions with this lame excuse - drives me insane!

Calm down mate. I'm not trying to condone any of my actions...

Quote:

Originally Posted by grantw

Is this the official line from their Law team or from someone down the pub?

Neither!

mogulmedia · 25-08-2010, 02:14:16 PM

Quote:

Originally Posted by namealot

Just seen dis-ney is available they don't mind people using it

, I know because I asked a guy whose cousins, boyfriend, sister used to work for a woman whose friend drove a car and were she used to buy petrol and the pump attendants, manager, neighbour�s, dentist, milkmans ex girlfriends son Mickey said it was fine�

Yeah ok, I'm obviously wrong about the trademark, but no need to take the piss...

mogulmedia · 25-08-2010, 02:17:19 PM

So I presume that the following sites really should be shitting themselves seeing as how popular they are - unless they have written confirmation to exist from Nintendo/Microsoft?

http://www.nintendolife.com/
http://gonintendo.com/
http://www.teamxbox.com/
http://www.nintendoworldreport.com/
http://www.nintendolife.com/

24-08-2010, 10:01:19 AM	#1 (permalink)
mogulmedia Join Date: Aug 2010 Location: Tunbridge Wells, UK Posts: 114 No Classified Ratings Domain Trader Rating: (100% / 3)	nin-ten-do.com I hope I don't get into trouble with this as really I am looking not just for a domain appraisal but an actual site appraisal. nin-ten-do.com Of course you will recognize the brand name as the videogame manufacturer, however broken up into three Japanese words like this the meaning is roughly translated to mean "leave luck to heaven" or "in heaven's hands". The site has nothing to do with heaven and is in fact a Nintendo gaming blog which I set up as a bit of fun as I like their games. The domain has no trademark issues as Nintendo apparently do not mind the name Nintendo being used in a domain as long as it is not derogatory to their business. In fact there are hundreds of domains with it in and I personally believe they are happy for others to indirectly promote their news and products! You could also argue that this actually doesn't read 'Nintendo' as it has two hypens in breaking it into three Japanese words. Anyway onto the site and domain - I realise that nintendo.com would be worth a lot more than nin-ten-do.com but was wondering if you thought the domain itself has any value? If not then how about the site as a whole? I get anywhere between 2500 - 4500 uniques per month. No revenue yet as I have only just literally put Amazon Associate ads on it. The domain was registered in 2008 some time and it has had content on since about April 2009. Would be interested to hear your thoughts... Thanks __________________ Apple unlocker \| Classic movie posters \| Worlds tallest buildings

25-08-2010, 12:46:10 PM	#3 (permalink)
retired_member13 Join Date: Jul 2009 Posts: 1,323 No Classified Ratings Domain Trader Rating: (100% / 36)	Unless you've got a letter from Nintendo specifically saying they are happy for you to use their trademark in this way I'd say the name is a complete liability to own. Not only could you lose it at any time via WIPO / UDRP (and the more successful you are the more likely this is to happen), but you could end up getting sued for some serious damages, especially as now you're selling stuff on the site you are diverting custom from "official" Nintendo resellers. You're also risking losing your Amazon, Google Adwords, AW etc accounts for copyright breach if a merchant or competitor complains. <Added> I've just looked at the Whois and you've registered it to "N/A" - this is likely to make things much worse if there's ever any trouble with the name. Last edited by retired_member13; 25-08-2010 at 12:50:22 PM.

25-08-2010, 01:32:01 PM	#4 (permalink)
namealot Join Date: May 2008 Posts: 976 No Classified Ratings Domain Trader Rating: (100% / 6)	As its not there actual trademark (they may argue is likely to cause confusion or mislead passing off etc ) But if you did not sell, advertise, make revenue, or post defamatory or other slanderous remarks, comments, revues etc about them or there competitions products, services etc and could substantiate that the wording as you have it means or is generally accepted as another entirely different product or service etc then they would unlikely to pursue you, But if you did then they would have you buy the balls ? It s a common misconception that just because a company has not pursued its right to a trade mark it won’t. You could try using that as mitigating circumstance it would doubtfully win many if any cases but might lesson the penalty, I’ve not seen any official release that the company are happy or not happy with others using its trademark, Without any form of official acknowledgement, authorisation, waiver etc you should assume that they will pursue it the fact that they have not does not mean the can’t? Once you commit trademark infringement ( unless its defamatory )etc in many cases companies will let you carry on for a number of years or until you reach a certain level the reason for this is you are building a stronger case for them, (Which could also mean a demand for more compensation,) E.g. you register a.com they jump on you the next day they could try and take you to court and seek damages but apart from the likely hood of them not receiving them there would be little or no gain to them, It could even cost them money? But if they wait you develop the site get in a revenue build up a customer base have a successful marketing campaign or new ideas or identify and tap into a previously un thought of by them markets for there product, service, Also all the time promoting there product at no cost to the core company (if you purchasing items from them or official distributors) You have to remember they had you bang to rights the minute you registered there name and it can be more cost effective and profitable to them to let you dig you own hole so to speak.. Having just seen ty added comment about the N/A registration although trademarks are a in the most Russian roulette type situation you have just fully loaded the gun in there favour…? Last edited by namealot; 25-08-2010 at 01:47:27 PM.

25-08-2010, 02:00:31 PM	#6 (permalink)
grantw Join Date: Mar 2005 Posts: 3,624 No Classified Ratings Domain Trader Rating: (100% / 56)	Read this and maybe have a rethink about your assumptions: http://www.allbusiness.com/legal/tri...6187937-1.html Grant __________________ Domain Brokerage :: Bulk UK Whois :: Property Insurance

25-08-2010, 02:07:57 PM	#7 (permalink)
namealot Join Date: May 2008 Posts: 976 No Classified Ratings Domain Trader Rating: (100% / 6)	Just seen dis-ney is available they don't mind people using it , I know because I asked a guy whose cousins, boyfriend, sister used to work for a woman whose friend drove a car and were she used to buy petrol and the pump attendants, manager, neighbour’s, dentist, milkmans ex girlfriends son Mickey said it was fine… Last edited by namealot; 25-08-2010 at 02:10:35 PM.

25-08-2010, 12:40:37 PM	#2 (permalink)
stevef1fan Join Date: Mar 2009 Location: The Nag's Head, Peckham Posts: 1,273 No Classified Ratings Domain Trader Rating: (100% / 26)	Hi there. I too would be very interested to hear what other people think about this. My feeling is it must be a breach, because despite the hyphens you're using the word nintendo with a site about nintendo products. Passing Off ? ? ? If it was a bricks and mortar business would you get away with it ? You could have a site called A-did-as - three innocent enough words, but we know what the real intent is. And intent is the most important thing here. Personally, I'd steer well clear. Evenif it is ok, it's a domain full of hyphens which isn't a good thing. That aside, I'd like to know what other people think.

25-08-2010, 02:17:19 PM	#10 (permalink)
mogulmedia Join Date: Aug 2010 Location: Tunbridge Wells, UK Posts: 114 No Classified Ratings Domain Trader Rating: (100% / 3)	So I presume that the following sites really should be shitting themselves seeing as how popular they are - unless they have written confirmation to exist from Nintendo/Microsoft? http://www.nintendolife.com/ http://gonintendo.com/ http://www.teamxbox.com/ http://www.nintendoworldreport.com/ http://www.nintendolife.com/ __________________ Apple unlocker \| Classic movie posters \| Worlds tallest buildings

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