Wanted: Domain Appraisal kindled

[seanc]

would anyone say kindled is a TM issue?

edit: TM issue if i sell Amazon Kindle's on the site

 

[tifosi]

Same predicament with a v.similar name. Is it ok to sell their products as a bonafide amazon associate through a specialist associate-o-matic site.

I'd probably say just about yes so long as the site states at least on every page this is an affiliate site through a recognised affiliate partnership.

At worst go onto the associate forums through the main site and ask the question of them directly?

 

[accelerator]

would anyone say kindled is a TM issue?

edit: TM issue if i sell Amazon Kindle's on the site

My view is that if Amazon challenged you in a Nominet DRS, you would lose. This is because Kindle is a made up word which I'm sure will be trademarked, so if you start selling the Kindle on the site, they could claim abuse of trademark.

The question is, whether they would be OK with it or not. Best to ask first in my opinion. There's a good chance they won't be OK with it, because the url seems too "official", i.e. looks like Amazon could own it, so they might not be happy with you looking like them.

Rgds

 

[boxfish]

My view is that if Amazon challenged you in a Nominet DRS, you would lose. This is because Kindle is a made up word which I'm sure will be trademarked, so if you start selling the Kindle on the site, they could claim abuse of trademark.

Kindle isn't a made-up word. It means to light or set on fire, arouse or inspire. Kindled is the past tense

 

[cc976a]

Kindle isn't a made-up word. It means to light or set on fire, arouse or inspire. Kindled is the past tense

Probably couldn't use that one if you're selling Kindles

 

[Alien]

Mhmmmmmm, I'd be worried if Kindles were listed/sold, Amazon clamp down.

I cancelled a poor choice reg earlier this year, it was eKindle.co.uk and it's been re-reg'd since! LOL.

 

[Alien]

Same predicament with a v.similar name. Is it ok to sell their products as a bonafide amazon associate through a specialist associate-o-matic site.

I'd probably say just about yes so long as the site states at least on every page this is an affiliate site through a recognised affiliate partnership.

At worst go onto the associate forums through the main site and ask the question of them directly?

I asked about eKindle.co.uk before just that, they said:

Dear Associate

Thank you for writing to the Amazon Associates Programme.

Further to your email, I can confirm that you are not permitted to have Associates links on your new website eKindle.co.uk. Please note section 2 of our Operating Agreement:

Enrolment in the Programme:

To begin the enrolment process, you need to submit a complete Programme application via our site. We will evaluate your application in good faith and will notify you of your acceptance or rejection. We may reject your application if we determine (at our sole discretion) that your site is unsuitable for the Programme. Unsuitable sites include, but are not limited to, those that:

* promote sexually explicit materials
* promote violence
* promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
* promote illegal activities
* violate intellectual property rights
* include “amazon,” “endless,” “Kindle,” “Javari,” or other trademarks of Amazon.com, Inc. or its affiliates, or variations or misspellings thereof in any of their domain names, and in particular those including such trademarks or names in the left part of the top level domain name in the URL (e.g. denominations such as “amazon.mydomain.co.uk” or “amaozn.co.uk,” “amazonauctions.net,” “endless.mydomain.com,” “endlss.com,” “kindl.com,” or “javary.com”) shall be unsuitable.

Your case clearly falls under the last point, as you are using Kindle in your domain name.

If you require any additional assistance or information please use the following link to contact us again:

http://affiliate-program.amazon.co.uk/gp/associates/contact/

Thank you for participating in the Amazon Associate Programme.

 

[accelerator]

So the Associates Operating Agreement shows that this name is a big no-no. You could try asking for permission first, but Amazon is likely to be too busy to take the time to deal with such stuff, so really it's just a big no-no.

Rgds