Can you use company names?

[Systreg]

Hi, what's the score with using company names in a domain name, I don't mean with the aim of making a site that rips off the company, more like, say you bought lamborghinidealer/co/uk if it was available, would it be ok to use that to make a site with listings of Lamborghini dealers in the UK, or would there be some copyright issues about using the Lamborghini or any other company name for something like that?

 

[accelerator]

It varies on a case by case basis. One company may be ok with it, another may not. You cannot purport to be the actual company when you are not, and you should make clear you are not the actual company. You need to think about the economics behind ownership of a particular name. If you own a brand term domain, i.e.

brand.co.uk

and then without requesting permission from the company you create a website and make out you are the company, and start promoting the companies products, you could well find yourself in hot water.

If however, the brand word could have another meaning, you could own the domain and use it for any purpose other than promoting the brand.

If your domain is a variation on the brand, e.g. your example:

lamborghinidealers.net

ask yourself the question "Am I negatively impacting a companies products or reputation by owning this domain?". If you are, you could be in hot water again. If you are profiting from a companies intellectual property when they should be using it, you are likely to upset them. If your website is making out you are them and painting a bad picture of them, it will upset them.

If in doubt, ask the company first and then register the domain.

Slightly more risky is to register the domain first and then ask the company, but if the brand name could have another meaning, e.g. macs, and you wanted to register macsforsale.com, you would be ok owning and using the domain provided you did not promote the brand products.

Hope that makes a bit of sense. DYOR etc.

Rgds

 

[Systreg]

Hi Accelerator, thanks for the reply.

you should make clear you are not the actual company.

Quite right, I would of course put a disclaimer on the site, something along the lines of, this website has no connection with the xxxxx motor company etc.

without requesting permission from the company you create a website and make out you are the company, and start promoting the companies products

There would not be any promoting of the company or it's products, nor any pretence that I am that company, if someone came to the site, they would do so without me promoting the cars to them, they would already have had an interest in the brand of car that brought them to my site, so no products promoted by me.

From my point of view, it would merely be giving site visitors links to dealers who sell their cars, it would be simple directory where a visitor would click on a county, click on a town within that county and that would take you to a page with dealers in that area.

ask yourself the question "Am I negatively impacting a companies products or reputation by owning this domain?".

Personally, I don't think I would be negatively impacting them, there is nothing that can be negative, no product is being sold by me, whereas, if I was selling a product of low quality and using their name to back me up, then yes, it would cause negativity to them, but as I wouldn't be, I can't see that there would be a problem.

If you are profiting from a companies intellectual property when they should be using it, you are likely to upset them. If your website is making out you are them and painting a bad picture of them, it will upset them.

As per my point above, I most definitely wont be making out I am them or in any way connected to them. The only problem I think could arise, is what you say about intellectual property rights to their name, and as you pointed out, it all depends on the company, I guess some might be ok with it, others maybe not, but if the shoe was on the other foot and I was the company, I would have no problem with anyone making a directory of businesses that sell my end product.

So do I take a chance, buy a domain name and just see what happens, hmmmm, I mean, what's the worst that can happen? They can get my domain name taken off me, there is no point them sueing me, I have no money or anything of value, so whilst they might get a judgement, they wouldn't get a penny, and it's a lot of money to get a judgement against someone who has no money.

 

[Alex-Z]

So do I take a chance, buy a domain name and just see what happens, hmmmm, I mean, what's the worst that can happen? They can get my domain name taken off me, there is no point them sueing me, I have no money or anything of value, so whilst they might get a judgement, they wouldn't get a penny, and it's a lot of money to get a judgement against someone who has no money.

Yes, but likewise, it's very little money for them, and they might go ahead with it as a small investment to make an example of you. But I don't think it's very likely that you'll get in trouble.

 

[Systreg]

Hi Alex, yes, I can see your point about wanting to make an example of someone and costing them very little compared to what they make, but even so, would it be worth their while to do so, I'll mull it over for a couple of days.

I have a new question so starting a new topic now.

 

[DirDn]

Like as been stated already a lot depends on the company and your use of the site.
Some companies don't like you using their name period!
Roles is one such company (or was) in the late 90's i owned several domains like vintagerolex, collectiblerolex etc, I also had a friend who owned several similar domains.
We both received solicitors letters stating that if we did not drop the domains they would take further action, of course the reality of them being able to take a domain off you like vintage rolex is very slim, its blatantly obvious from the domain that you are intending dealing in old rolex and not presenting yourself as the company etc.

one of the problems is a company like rolex can afford to spend a small fortune in the courts and defending yourself can be expensive.

My friend dropped his domains worried by the solicitors letter, I took legal advice and found that i could take out an insurance policy that would cover any legal costs incurred defending myself.

I therefore replied to the rolex solicitors letter explaining my position and explaining my intention to retain the domains.#

the end result was i received several more solicitors letters but nothing ever came of them.

 

[aZooZa]

One lesson to move on with is that Rolex don't defend their brand lightly. Thus - no Rolex domain will ever be worthy of debate. They are the one of the fiercest and litiigous TM holders. Also. it's a cross-border deal.

 

[accelerator]

I would say that many luxury brands will vigorously defend their name because the name itself is a large determinant of the high price of their products, and therefore they won't want anyone else attempting to use it.

My advice would be always request permission from a trademark holder before attempting to use a TM in a domain. If you don't get permission, then just use a generic term for your business instead.

Rgds