Domain Name / Web Site help!

pinky31_2

Hi,
I am thinking of creating a shopping directory in a specific area which I think would be helpful to many people but am unsure if it would be legal.
Don't want to say what the directory is but for example -

Say I created a directory of online shops that sold Nintendo games. Would this be allowed? Could I register a domain name with "nintendo" in. eg. nintendoshops.co.uk
Are there trademark / copyright issues when using the name Nintendo?

As I said Nintendo was just an example but think the same rules would apply for my idea. I read a few sites which tell you not to include a brandname in the domain name but have also seen many sites who do. To be honest, to set up my directory I would want the company name in the domain name for surfers to know what the directory is for.

Sorry if this is a silly question but want to make sure I am not stepping on anyones toes before I start.

weegie.geek

When you start using brand names you start !!!!ing off the companies who own the name. Bad idea.

superscaper

weegie.geek wrote: »

When you start using brand names you start !!!!ing off the companies who own the name. Bad idea.

If you catch their attention you'll leave yourself open to getting a cease and desist and probably getting the domain stripped from you. Depends on the company.

pinky31_2

Hi,
Thanks for your replies. My idea is not looking so hot now!!!

Would the company only object to their name in my domain name or would the whole website upset them too?

Shame, it is only giving general public an easy way to find what they want and the company in question is getting advertising in the process!!

Perhaps I need to have a rethink and choose something else.

superscaper

pinky31 wrote: »

Hi,
Thanks for your replies. My idea is not looking so hot now!!!

Would the company only object to their name in my domain name or would the whole website upset them too?

Shame, it is only giving general public an easy way to find what they want and the company in question is getting advertising in the process!!

Perhaps I need to have a rethink and choose something else.

Your best bet would be to actually approach the company first about the idea, at least then you'd know for sure if you were going to face trouble or not. Some may be fine and encouraging some may not. It's impossible to say one way or the other, especially without knowing which company. Some would probably object to you even using their name or any intellectual property of theirs at all in the website, never mind just the domain name.

pinky31_2

Hi,
Thank you for your advice. I have sent the company an e-mail, so will wait and see what they reply.
To be honest I don't think they will agree as they are such a huge company - but I have nothing to lose by just asking.

Thanks again.

richt71

I'm afraid big companies will protect their trademarks and will not let anyone else use them. Sorry but I don;t think they'll reply or if they do you'll get a strongly worded email say how they'll take it back and take legal action. Really a bad road to go down. Many years ago I registered a few trademark domain's before the companies had websites (end of the 90's) and lost all of them.

pinky31_2

Hi,
Thank you for your reply,

Yes, you are probably right that the company won't agree.
I hadn't purchased a domain yet so haven't lost anything, just the time spent seeing if anyone else had created this type of directory and looking at the amount of sites that could have met my criteria.
I did find one American site who have made what I was thinking for America. They had a disclaimer saying that they - are not affiliated with "the company" and that "the companys" logo are registered trademarks of "the company" Don't know if the laws are the same in US or perhaps the company in question haven't seen it yet.
Thanks again.

richt71

pinky31 wrote: »

Hi,
Thank you for your reply,

Yes, you are probably right that the company won't agree.
I hadn't purchased a domain yet so haven't lost anything, just the time spent seeing if anyone else had created this type of directory and looking at the amount of sites that could have met my criteria.
I did find one American site who have made what I was thinking for America. They had a disclaimer saying that they - are not affiliated with "the company" and that "the companys" logo are registered trademarks of "the company" Don't know if the laws are the same in US or perhaps the company in question haven't seen it yet.
Thanks again.

Trademarks are worldwide and the domain agencies will remove domains infringing this. Probably not caugh up with them yet..oh and their disclaimer means nothing.

superscaper

richt71 wrote: »

Trademarks are worldwide

Actually they aren't. Although they can be filed in multiple countries, even at the same time (but each country keeps its own registry under its own laws).

pinky31_2

Hi,
Just thought I send an update.

Have had a reply from the company in question about my directory idea.
They said they I am free to list links and cannot restrict me from doing so. However they have asked that I do not brand the site in their name or use their logo as they do not want users to mistake it as a site which is owned and managed by them. Other than that they just wished me well in my project!

So I take it from this that I can make my directory as long as I don't use their name in the domain or use their logo. Would this mean that I cannot use their logo within the website to link to their site?

Will have to have a think now about whether to go ahead or not.