I own walmartforum.com. I've been meaning to do something with it but have yet to find the time. I've had it for a couple of years and still done nothing with it.

Make an offer if you're interested in owning it, i'm sure the site would do well if someone has the time to put into it. I only have adsense on the homepage.

The site already ranks well in the SE's and has 253 total backlinks in about 35 different domains.

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-Matt
Fireworks | Softbills | Hookbills

You do something with it that gets traffic I am sure you will be sued.

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KBK Marketing | Search Marketing Blog | Cheap Web Hosting

Unless its positive! hehe

The problem with the name is that a user might assume that the site is specifically endorsed by Walmart......you'll have to put a fairly prominent disclaimer near the logo (or at least somewhere on the home page) that 'this site is in no way affiliated or endorsed by Walmart'

You can look up the doctrine of 'fair use', ie it would be your argument that the forum provides a place for people to write 'newsworthy' comments about Walmart....

If you started to sell things off of it where people could conceivably believe they're buying from Walmart, you're in pretty bad shape (it doesn't seem like you're headed in that direction).

Bottom line here is that if Walmart sees negative comments out there, they'll sue you and rely on the fact that they're Walmart and you're just you and make you fight a fight that you can't afford to fight.

Its not fair! But its not a fair world, so be forewarned....

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Would the same be true for any name, I mean...what are the chances that a manufacturer would sue an online store if their trade name were in the URL...as long as the URL is selling their products?

i.e.:

Let's say someone owns toshibaforsale.com and they sell laptops and parts, predominantly manufactured by Toshiba. There are products by other manufacturers there...maybe 25%. 75% are Toshiba products.

The owner puts a small disclaimer at the bottom of the site indicating "We are in no way affiliated with Toshiba, we just sell their stuff".

Now for the questions:

1) Since they are selling Toshiba products and making money for the Toshiba company, do you think Toshiba would ever want to sue?

2) Does Toshiba have a case?

Assuming Toshiba did not grant permission, Toshiba has a case here. The applicable law to look at would be trademark law and I think Toshiba would successfully argue that the domain name could cause confusion as to source (ie. people think they're buying direct from Toshiba), and they can also argue that the domain name could cause 'brand dilution'

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I have been sued before. I just released the domain to them and that was it.

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KBK Marketing | Search Marketing Blog | Cheap Web Hosting

hmm. I would hate to get sued...but a similar type of website situation is my [friend's] best performer at the moment. I wonder if I should tell my friend to ask the company for permission or just let it ride... I have considered getting my friend to set up a factory direct relationship with them anyway (instead of drop-shipping, as is currently set up). Decisions, decisions.

What would you tell your friend in a similar situation?

Your friend's domain is probably known by the manufacturer - they've probably seen it. Whether they approve or not is a different question of course! He should definitely have express permission to use the name because on any given day they could turn around and claim 'confusion as to source'

If the website is completely devoted to the products of one manufacturer, they probably won't have a problem with it. What they will probably have a problem with is if you also have products from a different manufacturer on the website, ie. if they feel that a directed leads for manufacturer X are leading to sales for manufacturer Y, that is something they won't like....

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Where I work, we threaten to sue quit a few different people for using domains similiar to ours or our products. We've only ever had to threaten and people transfer the domains over to us. Never had to go beyond the point of threaten, probably because the other person doesn't want to be hassled or it isn't worth it to them.

From what I've read, you can create websites that is a parody of the original. State that and place an obvious disclaimer that you are in no way affiliated with the original and it shouldn't be a problem. At least according to the lawyers i've talked to.

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-Matt
Fireworks | Softbills | Hookbills

Domains including registered trademarks are always vulnerable... It's best to just stay away from them.

I may be interested. How much are you looking for?

I have been sued also for trademark. I made 70,000 dollars on it by selling out.

Note:
The trademark was actually mine.
The people that sued just WANTED that domain.
They would have lost in court.
I would have to pay about 60k in legal costs to keep the domain.
The domain was parked.
I had no plans for it actually so the lawyers told me how the "Business World" works.

Right or wrong money wins.

They wanted the domain and were in the position to force me to put a lot of money to keep my property or give it up. The domain was worth about 120k and I had to settle for less.

Right or wrong money wins.

I have over 25 years in Intellectual properties and most here gave the right advice. You do not have a leg to stand on once you sell or make any money on that. "Fair use" is a very narrow doctrine and not a right. It is an "excuse" for copyright infringement. It cannot be used where any commerce has taken place so it is moot once that site earns penny one. If the site is a public service site with no advertising earnings or sales it may pass muster but you might ask yourself why advertise for them free? Even if you use it for links and pr to other properties of yours you will be in danger of the commercial criteria if those sites earn money. Of course a wise business man waits until there is money to be had before taking one to court, that said everything is choice vs risk.

Good luck in any direction you take.

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OnlineTV Guide - Niche Video Search | Sandmap - Free Links | TekTalk

As IncredibleHelp would tell you, there is a lot of bad advice and if you really are asking this you should ask and pay for a real lawyer.

As a business man I would not do anything until the outlet was making good sales. Then I would send the letter and take the shop for free (lawyers for big corporations are usually staff and costs no more for them to do this). That is business in its raw form.

But, who knows? Think about being them and looking at your site. How would you feel? Remember to be a business man all the time you do this. There are no nice guys in the business world.

If I was already doing what you sort of talk about I would not go direct. It costs much more in upfront costs in purchase and retaining inventory is a loss for most business. Additionally one never pokes a stick in the bee hive to see what happens.

Once again this is crap advice because everything and every instance is different and I really have no idea exactly what you are dealing with. It is my opinion based on scant information and worthless for that reason.

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