General advice on domain names including a copyrighted brand

[Scorpiono]

Hello,

I'm asking for some general advice.
Assuming that someone purchases a domain name named (and here's some randoms) "ipadwallpapers.TLD" or "audifanclub.TLD" it does contain the ipad / audi keyword. Could any of these companies issue a lawsuit or suspend/get these type of domain names?

Obviously they will be for commercial use as you either generate income from advertising/affiliate marketing/etc so the ground idea is that you create them to generate income, not just for fun.

Cheers,
Sergiu

 

[Cartoonz]

They can and they will. Bad idea.

You're answering your own question really.... adding "fan club" after a brand MIGHT be ok if that was really what it was... but once you start monetizing it in any way, that argument (shaky already) flies right out the window.

 

[Skinny]

Yup, basically if you are profiting in any way because of using a trademark in your domain name then you basically are at the mercy of the trademark owner.

I would also recommend not to invest in these types of names. Not worth the risk.

Skinny

 

[katherine]

There are a number of cases where the TM holder wipoed the affiliate for their TM domain, and lost.
Now even with bona fide use, it could be risky unless you have written agreement and a rather formal relationship.

Spend some time perusing domain decisions at wipo.int.

 

[grcorp]

Well, that said, how do forums such as blackberryforums, utilizing the keyword "blackberry" in its trademarked context, while evidently making money, survive without getting hit with lawsuits?

 

[POLiSH]

Well, that said, how do forums such as blackberryforums, utilizing the keyword "blackberry" in its trademarked context, while evidently making money, survive without getting hit with lawsuits?

I don't see a TM for the specific "blackberry" term, that's why.

 

[Vincent]

And yet we see trademark names plenty. In eBay is one of them... and in this forum, as well. I registered some, not knowing it's agains the rule. Got names with mastercard, google, few other trademarks in them. Dropped them all.

 

[Scorpiono]

I see many websites generating a decent income and using a brand in their domain name, I believe it's just highly risky..