Copyrights and domain names?

What's the verdict on buying domains using a company name? Lots of people do it and most aren't bothered. So long as you put a disclaimer that you aren't associated with the company yadda, yadda, yadda. You should be alright, right?

I'd like to buy <companyname>faq.com for a new forum. It could be a profitable niche and there appears to be very little competition.

I don't want put the SEO effort into starting up a board only to be forced into moving to a new domain down the road.

 

I think @Brandon can answer this better. But usually, you're allowed to use a company name as long as its non for profit and you're not making any money off their trademark, but I could be wrong. I know video game forums use video games' names all the time for their forum names. @Carlos might be able to answer this as well.

 

First of all, you need to think about what you want to do with said company/trademark site. Do you want it to be the #1 website for that FAQ? Do you want that site to be a community? Do you want it to be the largest niche for that site?

Then you've answered your own question. Now the question is: How do I keep this domain name without getting burned? Well, it's kind of a grey area.

If your intention was to diminish the trademark, destroy the name, and whatnot. You risk losing the domain name. Now, if you want to help the company push it's product further by helping people become educated (which is what an FAQ domain is supposed to be), then the company in question doesn't come after you all that much.

The grey area part of this trademark/copyright material for a domain name is that even though that you're using a company's trademark/copyright... You can do what you please, that is, if the company likes your site. And thinks it's a good practice to keep the fans engaged, then you get to keep the domain name. Then maybe the company can come over your site.

I own MVC3Forum, and a controller/peripherals manufacturer came over to advertise the MVC3 arcade stick. Then a merchant came over to help sell the stick a bit more.

The best way to keep the company from thinking the domain you own is a for profit site, is to mention that it's a fan site. Or a fan forum.

You can make money off the niche, but you have to make sure that the site in question benefits the company in question.

 

Thanks for the advice Carlos! My plan is pretty much a positive site for <companyname>faq.com. It will be a forum where people can ask questions about the company along with tips and tricks. My plan for making money off it right now is to affilate links to their products through a partner retailer.

I should be in the clear. I'm a strong believer in common sense; It's better for the company to have a 3rd party site around promoting their brand then not. Worse case scenario, I order an alternate domain and if things get heavy move the principal site to that domain with a redirect from the old one.

 

I suggest that you contact the company in question and tell them your plan amd ask for permission.

 

I really don't the company would bother contacting you back about this. Personally if its a fansite, I don't see that company getting mad. Don't companies support fan sites?

 

Those were my thoughts. Most companies do support fan sites but ya never know.

 

Here is my experience with copyrighting a domain or trying to run a fan site off a known brand. I use to run a few forums back in the day that were about Yahoo usernames and what you could and couldn’t do with them. It’s a long story but it was fun and profitable and I’ll just leave it at that. Anyways, I had a domain that had the word yahoo in it, since yahoo is copyrighted and was well before I bought the domain, I had to give it over to Yahoo at a loss. I also have had a domain before a company copyrighted it’s name and was “grandfathered” in after the copyright so I was able to keep the URL.
I’d suggest if you want to make a fan site that includes a copyrighted brand, your best option is to ask before going live with the site.

 

I think you're not getting the full picture. Yahoo is a company brand. Godfathered is a generic name, so that's why you were able to keep it. It wasn't just the fact that the copyright was registered thereafter. Copyrights don't hold much weight as much as trademarks do. With company trademarks, you can knock on someone's door and say "Take that down, NOW!" With copyrights, though, you'd need a court battle in order for something like a cease and detest letter to work.

Now, once again. I say that this is a grey area you're stepping on. <company>faq won't be a name the company is going to go after, unless you do something as stupid as being careless about the company's brand. I plainly said this when I said if you intend to tarnish, destroy the brand... you risk losing the domain name.

Niche sites such as MVC3Forum, CODForums, or MW3Blog are usually about a company's brand (think Call of Duty), rather than company brand. <company>faq sounds like a company brand site. So, naturally, I think it's a good idea to ask before launching the site. However, I still stress that <company>faq is not a site they'll go after.

50% - 70% of the time you don't need to go to the company and ask. Other times such as the Yahoo[site], and [company]faq, you need to go to the company and ask.

I think it's a better idea to buy the domain name and launch the site if possible. This way, you can show the company what your site does. And at the same time, you can gauge what the company thinks of fan sites in general.

If the company likes your site, then you can continue.

If the company wants you to give it to them, then do it. Have a plan b ready. Always, with a [niche] website... have a plan b ready. Always.

 

I had to give the yahoo domain back because it was copyrighted before I purchased it.
I didn't have to give the vBulletin domain back because the copyright hadn't be set before I purchased the domain.

 

Personally, I think copyright/trademark owners won't take a lot of notice of a fan community until it blows up. Why? I don't think they'll be bothered with small time sites in the beginning, but once it blows up, that's when they'll bust down. But, as long as you display a Copyright on the footer, shouldn't you be fine? Like copyright C) to company name etc? @Carlos

 

I also have an undeveloped vB domain name that's grandfathered in. It's a pity that I don't want to work with vB anymore yet don't want to just let it expire.

I'm planning to put "this site is not owned or maintained by <company name>" in the footer.

 

I agree

it would be best to talk tot a copyright lawyer about that

 

Laywers smoyers we've got some of the greatest legal minds right here at AT!

Just kidding. I was mostly just looking for common/best practices.

 

The popularity of a domain name doesn't matter. It's about how it benefits the company in question. I know a popular website was taken away from the owner at one time. I forget the website, but I don't think its because of the popularity, it's about quality.

Let me put it this way to you. If you populated MW3Boards with nothing but #@ll$#!^ (garbage, spam, and whatnot) and it affects the quality of the brand in question, the company will come after you with their iron fists. With a cease or detest letter, lawsuit or otherwise.

As for copyright, well...sort of. It has to be in the lines of this [I have this for MVC3Forum]...

As for this...

Good idea.

 

Okay so this is the domain I was talking about: Straight Talk FAQ I have the general forum structure setup and posted a few threads to pull some people in. Still have lots of work to do.

I'm not sure if I should upgrade to vB 4 using an old license that expired at 4.1.2 or wait until I can buy a second XF license. I'd really like to figure that part out before I pick out a style and everything.

Have to add the footer disclaimer and terms of service, privacy policy, etc.