Is it a TM violation to use a TM in your subdomain?

[Deleted member 111831]

For example cocacola.example.com toyota.example.com playboy.example.com

Could Coke, Toyota and Playboy all try to take this domain away?

 

[Johnn]

No if you use cocacola to sell playboy, use playboy to sell toyota and use toyota to sell pepsi.
Otherwise they would take it.

 

[Deleted member 111831]

I think what you're saying is that as long as you don't violate their trademark with whatever content you put on the page, then it's ok. Right?

 

[Johnn]

Using the name either the name itself or sub domain is trade mark violation.

 

[amplify]

Using the name either the name itself or sub domain is trade mark violation.

It's also based on how you use the TM and if you have TM bidding rights from your affiliate.

1st Amendment,
Toyota.isabadmanufacturingcompany.com
Cocacola.isabadmanufacturingcompany.com

For as long as it's an open discussion and you don't try to sell their products or competitor products on the website.

As far as TM bidding, let's say there's a 100% all herbal ED pill on the market called Ladies Pill. If they allow free use of the TM, you can sell that product on the domain theladiespill.com.

Though you have vague information, those are two ways you can use a TM fairly.

Lawyers will hound you over the 1st Amendment one, but I just reply, "thanks for your time-- I'm sure your client likes to be billed for already known information since you are barred and practice and it's most likely in one of those books behind your desk collecting dust what fair use of a TM is“ (usually on the 3rd request to take it down immediately, I will respond sarcastically)

If you provide more info on how you will specifically use the TM, it would help out much more.

 

[Deleted member 111831]

Thanks both.

It can't be that it's automatically a violation otherwise basically every major site would be a violator for having TM's in their URL's at some stage. For example http://topics.nytimes.com/top/news/business/companies/coca_cola_company/index.html

That URL has 'coca_cola_company' in it. But obviously that isn't a TM violation and Coca Cola would have no standing to take away NYTimes.com.

If you provide more info on how you will specifically use the TM, it would help out much more.

I'm working on a website which will provide reviews and other information about companies. For SEO purposes I'd like to organize the companies by sub-domain. I wont be seeking to confuse consumers in any way or be using the subdomain in bad faith. I'm sure 99% of companies will be happy with what I'm doing. But I don't want one of them to be able to take my .com away because they had a bored lawyer one day

 

[Deleted member 111831]

It seems NYTimes organizes their content by topics.nytimes.com/top/news/business/companies/<TM>/

I'm basically just looking to simplify that structure by having each <TM> as a subdomain instead of a subdirectory.

 

[amplify]

Though, one thing you have to consider is 1) reputation and how New York Times uses the trademark and 2) each subdomain is treated as its own domain.

Best advice I have for you is search Google for “(company) TM fair use policy", ensure it's published by that company and use best judgement. What one company says is fair use, another may not.

I'm not a lawyer, but if you don't want action taken against you after you develop these websites, I suggest that you consult with one.

Good luck

 

[Deleted member 111831]

each subdomain is treated as its own domain.

Treated by who? The law? Do you have a source for that?

Technologically there is very little difference between example.com/thing and thing.example.com - I don't see why the law would treat them differently.

 

[amplify]

I mean in search engines eyes, hello.domain.com is different than goodbye.domain.com so it's something to look into.

 

[Johnn]

Just ask yourself one question "Why take a chance?"