Wanted: Domain Appraisal nin-ten-do.com

[mogulmedia]

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]

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]

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]

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]

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???

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]

Read this and maybe have a rethink about your assumptions:

http://www.allbusiness.com/legal/trial-procedure-suits-claims/6187937-1.html

Grant

 

[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…

 

[mogulmedia]

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!

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?

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?!

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...

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

Neither!

 

[mogulmedia]

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]

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/

 

[boxerdog]

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…

PMSL!!! i think i may have just let out some wee

 

[stevef1fan]

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?

The internet is awash with these infringements. That's why if they do decide to make an example of you it really can get nasty. And these big companies occasionally do. Similar to file-sharing. Certainly no basis to build a revenue stream.

If you were in control of the reputations of one of these big brands what would you do if you came across somebody who was using it without your permission, effectively representing you, to do whatever they liked and you had draconian powers to do something about it ? ?

...exactly ! That's why it just isn't worth the risk.

 

[mogulmedia]

The internet is awash with these infringements. That's why if they do decide to make an example of you it really can get nasty. And these big companies occasionally do. Similar to file-sharing. Certainly no basis to build a revenue stream.

If you were in control of the reputations of one of these big brands what would you do if you came across somebody who was using it without your permission, effectively representing you, to do whatever they liked and you had draconian powers to do something about it ? ?

...exactly ! That's why it just isn't worth the risk.

Understood. Thanks Steve

 

[namealot]

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/

They may have authorisation or they may not..? Or have nothing to lose..? unfortunately you could not really use them as defence to your actions should you be taken to court/UDRP etc you could try and set a precedent that trademark holders pursue everyone that infringes there trademark unlikely. Or a defence that pursuing you alone is discrimination unjust or alike or that buy not pursuing it with others they have excepted that is a word of “common use” but very unlikely that you would win.. Currently most trademark cases its up to the discretions of the holder to pursue or not

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

Yes your correct there is no need to take the piss but the urge is just sometimes to overpowering It also shows you the need for a traceable path or evidence (be that written authorisation or a official press release etc of a companies intention or not too pursue trademark infringement,Even in me taking the piss it shows you that you could feasibly sue Mickey for giving out the incorrect information Facts not hearsay or tittle-tattle are the key to trademarks...?

 

[mogulmedia]

I thought I would (probably foolishly) get in touch with Nintendo themselves to see if they want to buy the domain - haha only joking! No, I emailed them to see what their stance is and this is part of the reply I got. I won't bother pasting the first part of the email as t's typical corporate babble:

While we are grateful for all the requests for permission to use Nintendo properties, we are not able to grant such requests. We receive thousands of requests and do not have adequate staffing to review them all. Therefore, our general policy is to decline requests for permission for the use of Nintendo properties.

Although we are unable to grant permission, use of Nintendo's properties without formal permission by Nintendo may still be allowed under the relevant laws of the particular jurisdiction involved. Thus, we encourage you to seek your own legal counsel if you have any questions about whether your particular proposed use is permitted without Nintendo's authorization. Nintendo cannot provide legal advice.

We appreciate your support. For more information about Nintendo and its products, please visit our website at www.nintendo.com.

Sincerely,

Mina Harris
Nintendo of America

At least they're not taking me to court but I'm not going to 'seek my own legal counsel' for this site as it'd cost too much. So what to do now?

I'd be interested to hear what you'd do if in my position? Lose the site and domain? Keep going in the hope Nintendo continue to turn a blind eye? Sell it on Flippa!?

 

[justwondering]

it is indeed very odd , when it comes to such names , one xbox site in particular , is all about how to hack the xbox360 , its been going for years and offers , forums and in depth advice on how to mod a 360 , nothing hushed up :- http://www.xboxscene.com/

it makes you wonder why microsoft allow this site to even exist !

 

[namealot]

There are countries that are not part of any trademark, copyright etc agreements you can trade out these which means there is little or nothing the trademark holders can do, Nintendo will know this don’t be fooled buy thinking they will turn a blind eye they didn’t become a large corporation by being nice guys.. (You could still be taken to court in country A but they would have no jurisdiction or means of enforcement in country B) they would probably get the domain and any other judgment just not be able to enforce it… let it drop and stop wasting your time...?

 

[justwondering]

I noticed that xboxscene.com is regged to a company in Belgium , is that a one of the countries , where copyright is less enforceable ?

 

[developdomains]

I was looking at training courses for MCSE/MCITP and upon typing this into the big G, a sponsored ad for a site called microsoftuk.co.uk

How do they get away with that!!!!!!

 

[domainseller200]

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/

Just because other people murder people and get away with it, doesn't mean if you do you will also get away with it also

You even acknowledge other companies protecting themselves in this post here : http://www.acorndomains.co.uk/269687-post3.html so you are obviously choosing to act silly in this post of yours, as you own the name yourself.