Question

Topic: Advertising/PR

Using Another Companies Name For A Web Domain

Posted by robert on 1/9/2014 at 1:27 PM ET 250 Points
a company has changed the product used for its consumables, which we did buy, so we want to sell the original product and use the manufacturers name on the web domain is this possible or would it be against the rules (their trademark)
To continue reading this question and the solution, sign up ... it's free!
SUBSCRIBE
Or, SIGN IN

RESPONSES

  • Posted by Jay Hamilton-Roth on 1/9/2014 at 1:34 PM Accepted
    Read: https://www.bitlaw.com/internet/domain.html (short answer: the trademark owner can sue for ownership of the domain). However, it's probably best to retain the services of a trademark attorney to be sure of your actions.
  • Posted by saul.dobney on 1/9/2014 at 2:51 PM Accepted
    With out their permission selling using someone else's name/mark is called passing off and can be very very expensive, plus they could use an injunction to stop sales. There may be some ways round it but tread carefully and get good advice.
  • Posted on 1/9/2014 at 3:39 PM Accepted
    You clearly need professional legal advice on this. As marketers, we are not the right ones to ask.
  • Posted by Gary Bloomer on 1/9/2014 at 7:37 PM Accepted
    Your use of someone else's business name in your domain name would count as an infringement (that is, a violation) of their trade name.

    For instance, if I were to set up a site called MarketingProfsSuccess.com, the owners of MarketingProfs.com would be sending me a cease and desist notice through their legal counsel.
  • Posted by Moriarty on 1/10/2014 at 7:38 AM Accepted
    Let's tackle this from a marketing perspective rather than a legal one. Think why your buyers like that product and allude to that instead. You'll find many of them coming your way simply because you're speaking to them.
BACK TO TOP

Post a Comment

Related Discussions

Community Info

Top 25 Experts
(Advertising/PR)