Potential problem? - DNForum - Domain Sales, Domain Forum, Domain Appraisals, Domain Registrars

**pam** · 02-20-2003, 07:21 PM

Let's say you have a website that's a virtual store. You are an affiliate of a store and earn a % of each sale made from your website.

Now, let's say one of the products you sell is a trademarked item. Let's use ... autos.

Say I register buyyourautomobilehere.com

Now, let's say I sell several cars

So, I create sub domains -- toyota.buyyourautomobilehere.com, ford.buyyourautomobilehere.com, bwm.buyyourautomobilehere.com - you get the picture

Am I looking at a potential problem using those names in a subdomain?

**pljones** · 02-20-2003, 09:46 PM

Perhaps a few other posters on the board can explain this better. My understanding is that 3rd level domains can't be challenged - definitely not under the UDRP. This issue came up for Yahoo a few years ago against Sex.com without success.

**pam** · 02-20-2003, 09:51 PM

It would be most appreciated

When I was thinking of a good domain name to register, I noticed that people *did* have the trademarked names in their own domains, i.e. toyota-cards.com, ford-trucks.com (these are not the names, it's just an example along the auto theme) but I felt it was safer to use it as a subdomain.

But -- naturally -- I want to be 1000% sure BEFORE there is a problem since I can easily change it now before there is a problem

Drewbert · 02-20-2003, 11:40 PM

Yahoo were rather red-faced over that one, especially since there was no special site at yahoo.sex.com, just wildcarded DNS. :^)

Once you get down to "subdomains", they can only really goo by the content of the site.

Which is the way it SHOULD be with the primary domain name as well.

**dtobias** · 02-21-2003, 07:59 AM

Subdomains can't be directly challenged via UDRP, but somebody might be able to sue you for an "infringing" subdomain anyway.

I believe a major factor in J. Crew winning the UDRP over crew.com is that this otherwise generic domain actually did have a subdomain j.crew.com.

**jberryhill** · 02-22-2003, 03:31 AM

Quote:

Originally posted by pljones
Perhaps a few other posters on the board can explain this better. My understanding is that 3rd level domains can't be challenged - definitely not under the UDRP. This issue came up for Yahoo a few years ago against Sex.com without success.

That was not this. The Yahoo thing involved wildcard DNS, which is why they ended up being shamed out of suing.

*Any* use of someone else's trademark, forget domain names, raises a "potential problem".

For reasons too twisted to go into at this hour of the night, it is "better" to use buyautomobileshere.com/yugo than yugo.buyautomobiles.com due to the silly way that different courts have parsed URLs.

**pam** · 02-22-2003, 07:59 AM

Thanks -- though I never use the domainsname/slash -- looks too cheesy.

I guess since it's a subdomain, I can change it easily and just repoint my my links -- littlecar.yourauto.com, bigtruck.yourauto.com, foreigncar.yourauto.com