Are there trademark issues for a critique-site ? - DNForum - Domain Sales, Domain Forum, Domain Appraisals, Domain Registrars

**rhopperger** · 01-12-2003, 02:17 AM

Hello,

I have just registered

AdkinsDiet.info

and wondered if I am informed correctly.

If I create a critique-site there (because the Atkins-diet
(as it is spelled correctly but round 38000 people search
for "Adkins Diet" every month) ) is really bad for the body)
then I should be fine.

After putting lots of critique on the site, I'd add links to other
sites (e.g. my SlimChat.com) where I present better diets and
products.

As far as I know critique is allowed and does not infringe on trademark rights.

Is that correct ?

Thank you for your help with this question!
Reinhard

**rhopperger** · 01-12-2003, 02:34 AM

Are any TM-lawyers here? I would be VERY thankful for even a short comment from them.

Thanks a lot!
Reinhard

**draqon** · 01-12-2003, 03:10 AM

using a mispelled domain at all is a bad idea, because it will confuse your visitors. furthermore the domain receives no traffic.

In legal terms, if you explicity state that you are not associated with the trademarked terms such as Atkin's Diet, or Dr. Atkins, and you use the domain to critique them in a noncommercial manner then you should be fine.

**namedropper** · 01-12-2003, 03:16 AM

Critiquing the diet does not require you to have a domain that has that trademark in it, therefore it's not infringing upon your free speech rights to prohibit you from using the name within the domain.

The peta.org site was created to critique and make fun of PETA, and that got yanked, and there have been other similar cases. Thus you would be on unstable ground if they objected.

--
Dan Norder - Savanna.com, FineGold.com, etc.
High profile and niche domain names for sale

**rhopperger** · 01-12-2003, 03:17 AM

I will not sell any products on that website, but I would like to place banners on it and a link to a website offering better diets.

But otherwise the site will only contain critique about the Atkins diet.

Is that allowed?

Thank you for your help!
Reinhard

**GeorgeK** · 01-12-2003, 03:36 AM

Putting banners and links to other sites, if they are commercial, weakens your case.

**dtobias** · 01-12-2003, 10:07 AM

I think you'll be more likely to convince a judge or panelist that you're running a legitimate criticism site if the name of what you are criticizing is spelled correctly than if it's misspelled; the misspelling makes it seem like you're just typosquatting to try to get traffic. Also, the presence of commercial ads harms your case as somebody else has noted. However, I do think the use of a .info domain rather than .com adds to your appearance of noncommercial criticism.

**rhopperger** · 01-12-2003, 10:51 AM

Ok, I fully accept your judgement. So no banners and no links to competitor sites. How about just one or two places in the text where I mention the URL of a site where they can get better information about dieting from?

My reasoning is: People who type in AdkinsDiet are not exactly sure what they are looking for though they have heard of the famous (and harmful) Atkins Diet. So to place a critique site exactly there where they congregate seems natural to me. Where else would you tell somebody that the trademarked product is harmful?

Doesn't that make sense?

So is merely mentioning better information places (like my SlimChat.com) in the text without providing a link to them really too much over the line? How effective is critique if you can't give them something better?

Can trademarks really protect a harmful product from justified criticism?

Thank you very much for all your input!
Reinhard

**GeorgeK** · 01-12-2003, 11:52 AM

If you link to non-profit sites, or sites in .gov (run by the US government, e.g. nutrition sites), than that might be less risky.