If you like DNray Forum, you can support it by - BTC: bc1qppjcl3c2cyjazy6lepmrv3fh6ke9mxs7zpfky0 , TRC20 and more...

 

Limits of Branded Domains

Started by brknny, May 10, 2023, 06:47 AM

Previous topic - Next topic

brknnyTopic starter

If you were to register a branded domain, what would happen? Specifically, I am interested in creating a website that provides information about one of the banks.

Would the bank impose sanctions if the domain is similar or exactly the same but with a different domain zone, such as "somebank.info"? I plan to include links to the official website of the bank on my website and provide a clear description of its purpose.
  •  


hostaddonltd

There exist solely three possibilities. The first is that the proprietor of the brand will purchase it from you. The second is that the proprietor of the brand will take legal action against you for it, possibly offering some compensation.
Lastly, the proprietor of the brand may not react at all. It's feasible that any of the three could occur.

It's important to understand the potential outcomes when dealing with someone else's brand. While you may have good intentions, you must be prepared for the possibility of legal action being taken against you.

Nevertheless, there's always a chance that the brand owner may be willing to cooperate or, at the very least, stay silent on the matter. Ultimately, it's up to them to decide how they want to proceed.
  •  

TerryMcCune

The jurisdiction of the organization owning the domain zone and its rules may significantly impact the situation. Not having a justified right to a set of letters could create problems in the long term, especially if someone else owns the rights. For instance, a recent case involved a large international food company that lost the domain name for its brand due to trademark issues in some countries, even though it had registered the trademark elsewhere.

In some jurisdictions, such as Vietnam, the Beach may not have a trademark; thus, registering a domain with its name could be challenging. Additionally, famous cybersquatters may claim domains like sber.id and sberbank.id.

Google struggled to obtain gmail.fr and google.fr domains, ending up with google.com.fr instead. Therefore, there is no universal solution regarding domains. While using a similar free domain may be acceptable, using an already in-use one could pose challenges. In the USA, Sber may use its long-standing trademark registration as a pressure tool.
  •  

jeromebunker

Until a certain point, the conditional collection won't show any concern towards you. However, this changes if negativity arises on the site. In the case where you pose a threat to the company's reputation, expect either a monetary offer or a subpoena. In such a situation, your capabilities and knowledge will become critical factors that determine the outcome of the matter.
  •  

onlineL

Using a domain name that closely mirrors a bank's or any company's brand could potentially land you in legal trouble under the terms of trademark infringement. Even if your intentions are harmless – in this case, providing information about the bank – using a similar or the same name can cause confusion, potentially leading visitors to believe they're visiting the bank's official website.

The company might argue that your site dilutes its brand, misleads consumers, and infringes on its trademark rights, especially if you are profiting from the website (such as through ads or affiliate links). To understand more deeply, let's break down some key areas:

Trademark Law: Trademarks protect names, logos, and other marks that identify and distinguish a company or brand's goods or services. If your domain name is similar enough to a registered trademark that it could confuse consumers, it may infringe on the rights of the trademark owner.

Anti-Cybersquatting Consumer Protection Act (ACPA): This law was enacted to thwart the registration of domain names that correspond or are similar to existing trademarks with the intent to profit off the brand owner's reputation. Even if you don't intend to profit directly, if your site has links that earn a profit (like affiliate links, ads, etc.), this might be seen as profiteering.

Uniform Domain Name Dispute Resolution Policy (UDRP): This is a process established by the Internet Corporation for Assigned Names and Numbers (ICANN) for resolving disputes regarding the registration of internet domain names. A bank or any trademark owner might initiate a UDRP proceeding against you if they believe your domain name is too similar to their trademark.

If you're determined to proceed, it's best to consult with an attorney who specializes in Internet law or Intellectual Property law. They can guide you in setting up your site in a way that minimizes the risk of legal action or a dispute arising. Alternatively, you could consider obtaining explicit permission from the bank or company in question – but be prepared for them to say no, or request certain conditions or limitations be put in place.

If you still want to proceed with the website, you should take steps to ensure you are reducing the risk of being seen as infringing on the bank's trademark or creating confusion. Here are some additional steps you might be able to take:

**Clear Distinction:** Make sure that your site is clearly differentiated from the official site of the bank. This includes having distinct branding (logo, colors, layout), and a clear explanation that your site is not affiliated with, or endorsed by the bank. Ideally, your website should also not use the bank's logo or other copyrighted material without permission.

**Domain Name Choice:** While you cannot completely avoid all risks, choosing a domain name that is clearly not trying to pretend or present itself as the official bank's website could potentially help. You can still include the bank's name, but make sure it's obvious that your site is distinct. For example, "AboutSomeBank.info," "SomeBankGuide.info" or "UnofficialSomeBank.info" might be better choices than "SomeBank.info."

**Delve into the Public Domain:** Instead of infringing on copyrights, make use of images, sound, and videos that are in the public domain (or use materials for which you have permission).

**Content:** Be careful how you handle your content to avoid allegations of defamation, rumors, or misinformation. Providing accurate, respectful, and well-researched content is crucial. Never claim that your site is the authoritative source about the bank.

**Monetization:** Be careful with how you monetize your site. Some forms of profit, like running ads or affiliate links, can be interpreted as capitalizing on another brand's name.

**Disclaimers:** Where appropriate, use disclaimers to clarify the unofficial nature of your site and define the boundaries between your content and the official bank's information.

**Take Legal Help:** You can work with a lawyer to review your website's content, branding, and monetization strategies. They can likely provide advice on lower-risk ways to run your site.

Despite these precautions, there's always a risk associated with using a brand name or a similar name for your domain, particularly for sizable organizations such as banks. These institutions are likely to have legal resources and are capable of enforcing their rights against potential infringements. If a legal action occurs, you could lose your domain or face significant costs in defending yourself. So always think twice before proceeding and seek legal advice where necessary.
  •  

ldhsuo

Registering a branded domain without the bank's consent can lead to legal consequences, including trademark infringement and cyber squatting. Even if you include links to the official website and provide a clear description of your purpose, the bank may still take legal action to protect its brand and reputation.
Additionally, registering a domain with a similar name to the bank's official website can create confusion among users and potentially damage the bank's brand.
  •  


If you like DNray forum, you can support it by - BTC: bc1qppjcl3c2cyjazy6lepmrv3fh6ke9mxs7zpfky0 , TRC20 and more...