Are you a Google Analytics enthusiast?
More SEO Content
Generic Word Domains, Trademarked Phrases
Posted 04 October 2005 - 11:07 PM
The Cookie Bouquet Domain Dispute
While this wasn't a court of law, it was a binding mediation dispute. The Cookie Bouquet company sued AAH! Cookies! for registering and using the domain cookie-bouquet.com.
Both sides had some strong arguments, with AAH complaining that the words cookie and bouquet were too generic to infringe on the trademark and that they weren't aware of the other company when they registered it, and basically, that they only registered and built a site on on the domain on the recommendation of their SEO. (A name some of you might recognize )
In the end, Cookie Bouquet won and the domain had to be surrendered to them. Imagine if you based your main website on hyphenated words, only to find out later that all your work had to be handed over to the trademark owner!
Make sure you do your research before picking a domain name that is too close to that of a registered trademark.
Posted 05 October 2005 - 03:11 AM
I would also suggest, that if someone recognizes the risk and still wants to use a name for their e-commerce store that walks the fine line of infringement, (consult with your attorney first), do not put the name of the store in your URL. That way you can change the name of your store with little to no negative consequences.
For example: "Toys R US", you choose "Ladders R Us". Make your URL www.ladders.com or www.A1-ladders.com etc, NOT www.laddersrus.com. The real damage would come in having to surrender the URL.
The name of your store and your URL do not have to be the same.
Edited by Robert813, 05 October 2005 - 03:20 AM.
Posted 05 October 2005 - 06:45 AM
It's nice to know that people can protect their trademarks and not allow others to "steal" their hard-earned name (and in this case, some of their internet traffic).
[added]LOL just noticed Rob Snell was the Internet consultant involved in this case!
Posted 05 October 2005 - 07:02 AM
The business owners should have known better, if they know their market at all (although it sounds like it was just an affiliate Yahoo store site, so it is possible they didn't know the market at all!)
Posted 05 October 2005 - 08:49 AM
Before finalizing your company name, do a search in the three major SE's and make sure you see noone else who already 'owns' that name on the Internet. If they do, then it's back to the drawing board.
Once you have your 'unique' name, then make sure you put so much effort into that name that you're the one who 'owns' the name on the Internet. If someone else comes along later, hopefully they have enough sense not to copy the name or something similar. Of course if that someone else is an 800 lb. gorilla, then you have a bit of a problem.
Posted 05 October 2005 - 09:13 AM
The owners of the furniture store (which had one location at the time) would do their own advertising, and would always end their commercials with the statement, "not to be confused with Jordan Marsh."
About ten years later, Jordan's Furniture had expanded. They had three or four locations -- huge locations, and it was common for people to travel from far away to shop there. A couple of friends of mine from NY rented a van to buy a couch there, for example. At this point, their commercials ended with a slightly modified statement: "No longer confused with Jordan Marsh."
About five years after that, the monstrous conglomerate that owned Jordan Marsh changed the store's name to Macy's (as they've just done in the Chicago area with Marshall Field's). The brothers from Jordan's Furniture have sold their business to another company, but they still do the commercials. And of course they no longer mention Jordan Marsh.
I always wondered whether that little caveat the brothers would put at the end of their commercials was branding or something Jordan Marsh forced them to do. Even if it was a trademark issue, it worked for them. The transition from "not to be confused" to "no longer confused" to no mention of the other company at all was memorable and set them apart. For the record, their name is not Jordan. I don't know how the store, which was founded by their father, got the name, but everyone still refers to them as the Jordan's brothers.
Posted 05 October 2005 - 09:22 AM
I don't think I ever knew that their name wasn't Jordan though. What is it?
0 user(s) are reading this topic
0 members, 0 guests, 0 anonymous users