Liability & Legality

**RedMatrix** · 07-25-2006, 06:04 AM

I read a debate on AdminFusion, about using the word 'myspace' in a domain. Some say you should, some say you shouldn't.

What do you think?

**Hoang** · 07-25-2006, 06:15 AM

See, if you end up making a lot of money, you have that risk of it being taken away from you if MySpace decides to go on a C&D spree again. To play it safe, I'd stay away from them since you don't need a MySpace domain to have a successful resource site (if that's what you're referring to).

Words like codes, layouts, customize, etc. usually do the trick

**Rrev** · 07-25-2006, 07:38 AM

Don´t use it.
I used a "registered trade mark" a while ago and started to make $2-3K/m. A few months later the company contacted me and I had to let the domain go.

**RedMatrix** · 07-25-2006, 08:55 AM

What if it's not related to myspace.com?

Amy's Pace Maker in url could be: amyspacemaker.com.

**j-weezy** · 07-25-2006, 10:05 AM

I use it in my domain name because it helps me rank well. I have first page placement in Google and MSN for MySpace terms that get over 300,000 searches per month, so I am going to keep using it as long as possible.

I have never received any kind of cease and desist... but if I ever was forced to stop using it, I would just 301 it all to a new domain and keep running

**beley** · 07-27-2006, 12:21 AM

If it wasn't related at all to MySpace or social networking, you might be able to get away with it.

Think of a site like PimpMySpace.com could be a trendy furniture store. Selling furniture and social networking are completely different industries, and thus the domain would be perfectly fine in that context... but not for a site selling pimped out myspace profiles.

Make sense? For more info check out http://www.uspto.gov and read up on trademarks.

**RedMatrix** · 07-27-2006, 01:19 AM

You make good sense.

**Lpspider** · 07-27-2006, 02:59 AM

You can use it, you probably won't get sued. If you do, they'll just basically make you let it expire or give it to them - just get a new name for your site and redirect. Not a big deal, really.

**Sobering** · 07-27-2006, 03:01 AM

Yeah I'd suggest not to do that. My friend owns MySpace.im which is guaranteed to get taken away soon. Seeing that MySpace Instant Messenger (.im) is coming soon. So yeah.

**imported_Tom** · 07-27-2006, 06:02 AM

Quote:

Originally Posted by Sobering

Yeah I'd suggest not to do that. My friend owns MySpace.im which is guaranteed to get taken away soon. Seeing that MySpace Instant Messenger (.im) is coming soon. So yeah.

try to sell it before it gets taken away?

**IsMaR** · 07-28-2006, 10:18 PM

If they are together and related to MySpace, no... If its like MyWebSpace.com then sure

**Tran** · 07-29-2006, 04:35 AM

Haha its all about cloaking the name

**Andreas Bard** · 07-29-2006, 07:31 AM

I would not use it if you are going to do some kind of myspace site.

//Andreas

**imported_michelle** · 07-30-2006, 12:45 AM

Just register it overseas, if you *really* want a "myspace" name domain. I saw one company was doing this to avoid the copyright stuff... But forgot which country was "safe" - maybe Switzerland?

**Lpspider** · 08-01-2006, 01:42 AM

Quote:

Originally Posted by Andreas Bard

I would not use it if you are going to do some kind of myspace site.

//Andreas

Yeah, but you can always change it and re-direct, right? And it probably helps for search engine optimization.

**sitedesigner** · 08-01-2006, 01:50 AM

if you do, then you have the chance of getting shut down by myspace.

**Lpspider** · 08-01-2006, 01:58 AM

Quote:

Originally Posted by Matthew

if you do, then you have the chance of getting shut down by myspace.

Yes, but it's just a chance. From what I understand, very few actually have been shut down. And as I said, just get a new domain and redirect.

**brdcstr** · 08-01-2006, 02:20 AM

Quote:

Originally Posted by RedMatrix

What if it's not related to myspace.com?

Amy's Pace Maker in url could be: amyspacemaker.com.

Good question...but it may still cost you money to prove there's NO conflict of interest. As others have said, when the deep pockets send you that C&D letter, it's no sweat off their back to pursue the matter and force you to prove your innocence.

After all...Disney has won suits for typo's, so it's rolling the dice. Better to avoid it if possible, or reason with them if you've owned the domain longer than theirs.