General Discussions

**Jason** · 10:52 PM

I plan to open a forum and my domain has a manufactures name in it....because my forum is strictly for that brand.

So if I open this site up to the public can the manufacture sue me or anything?

Here is a example:

Lets just say I opened a forum using this domain "Fordnetwork.com" (example)
The forum will have discussions about each of the Ford vehicle models.
Can Ford sue me or anything?

Thanks & remember that is only a example.

**vangogh** · 07-22-2007, 12:25 AM

I think it would depend on the specific domain and the company as far as how they would react. I don't think you;d have a problem with the example you give. You might though if were using something like

gooogle.com or fords.com

If you get too close to the actual company domain I would imagine they wouldn't care for it that much, but again it would probably depend a little on the company involved and the specific domain.

I think as long as you're not trying to pass the site off as being an official company site you're ok. Also keep in mind I'm not a lawyer.

**ForrestCroce** · 07-22-2007, 12:57 AM

I'm not a lawyer myself, and don't play one on TV. I think if you're not creating confusion in the market place or acting in bad faith you're OK.

And I think most companies would welcome mostly good press. I know a particular site about digital cameras is watched by manufacturers, for both positive and negative feedback. Some of the complaints are taken care of. These companies are getting some free marketing research. On the other hand, the domain isn't connected to any of the companies, they just each have their own forum.

**vangogh** · 07-22-2007, 02:56 PM

Quote:

Originally Posted by ForrestCroce

I think if you're not creating confusion in the market place or acting in bad faith you're OK.

Forrest I think you nailed it with this sentence. I would think that's really the key, though I'll still say there's an 'it depends' factor.

And I too don't play a lawyer on TV or on any other media.

**stOx** · 07-22-2007, 03:00 PM

I would agree with forrest and steve.

The way i look at it is if i have a domain burgerkinglocations.com and use it to host a site showing the various locations of burger king restaurants it would be ok. If i have a domain burgerkingburgers.com and use it to sell burgers i may get in to trouble.

**ForrestCroce** · 07-22-2007, 04:04 PM

The thing is, a good friend of mine, actually my cat's Godmother, is waiting to take bar exam. I've asked her similar questions, about naming software products I write, and the entire law here is much less to do with protecting the rights of Ford to their trade name than protecting consumers from, say, buying a brand-X car with no label and thinking it's a ford because they got it from "Fred's Ford Store." Cars really aren't a good example here, because they're recognizable and have VIN numbers and all, but from what Trish says, this is the direction the law addresses the question from.

The part about acting in bad faith is something I've noticed as a pretty common thread.

And of course this isn't actual legal advice, so you can't sue me if I'm wrong. All the standard disclaimers apply. But that said, I think this is about as accurate as you'll find without paying for a consultation with a business lawyer.

**MSaffold** · 07-22-2007, 09:17 PM

If it's trademarked, they can take legal action.

**vangogh** · 07-23-2007, 12:46 AM

That's interesting Forrest about it being more about protecting consumers than it is about protecting the company in question. One question I might ask then is why it's the company that would likely start the legal action. I would think that some kind of protection would also exist for the company if someone else was doing something to potentially hurt their brand. Maybe that's not a legal issue though.

I can see how acting in bad faith would be a concern in all these kind of cases.

**Jason** · 07-24-2007, 11:37 PM

Sorry guys I have being busy latly.
The domain is YamahaHQ.com

You think I can use this domain if I make clear we are not Yamaha?

**vangogh** · 07-25-2007, 12:23 AM

That's an interesting one. My first thought might be it's Yamaha's Headquarter site, but I think as long as you make it clear you'll be ok.

**highanddry** · 07-25-2007, 12:29 AM

lawyer bob loblaw here, If its a trademark and your not a retailer its not legal.

Does anyone get the loblaw reference here?

**Jason** · 12:49 AM

If I put these words on the bottom of every page on my site do you guys think I will be OK?

Yamaha is a registered trademark of Yamaha.
YamahaHQ.com is not associated with, or even acknowledged in any way by Yamaha or any other Yamaha entity.

**afahosting** · 07-25-2007, 01:01 PM

Yup thats what you have to think about trademarks best bet is to email or contact a rep from that company for permission before hand I purchased a site call vbulletindownloads.org and was told to terminate the site straight away or legal action would be taken against me.

However vbulletingames.com is allowed as they have received permission best u can do is ask worst they can say is no lol

Good luck with your site

~Rick~

**Jason** · 07-25-2007, 04:59 PM

Quote:

Originally Posted by afahosting

best u can do is ask worst they can say is no lol

Good luck with your site

~Rick~

I actually emailed Yamaha two times for permission using YamahaHQ.com and both times were left unanswered.

Thanks

**fitnfree** · 07-26-2007, 08:52 AM

Quote:

Originally Posted by Jason

I actually emailed Yamaha two times for permission using YamahaHQ.com and both times were left unanswered.

Thanks

Maybe it's time for some telephone calls -- I think, from all I've heard, read and seen, you want some definite "go ahead" from Yamaha in this case -- always better to be safe rather than sorry, you know!?