GoDaddy review : Advise I go GoDaddy?? Playstation Domain

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Do you think it's fair to use a name like - Selling Playstation games etc.

Would they come after you? I know playstation is a TM but they would benefit from extra game sales.

Interested to here thoughts on this?..

Comments (12)

Strictly speaking it is violative of their TM. However, whether they would bother to go after fan sites or shops is a different story. The general suggestion would be to stay away from these infringing names. If you do not do so, you're taking a significant risk especially down the road when your site becomes popular or has content that catches the company's attention...

Comment #1

You would also have to be very careful as to what other products would be available on the site..

If you go down this route and offer 100% playstation products, you are taking a risk as mentioned above. But if you also offer unrelated goods or services, you are using a Tm to sell unrelated products and this could be more serious. Its a risky proposition either way. I know there are lots of sites doing this kind of thing, but if you are the one they decide to make an example of, you have no defence, and it could prove to be very costly...

Comment #2

Thanks guys - Just wanting some feedback on it that was all - Havent done anything just curious on what the story was these types of names..

Comment #3

Don't know about stores but various gaming sites have PlayStation, Xbox, Ninendo, etc in their domain names and don't receive trouble from the companies, some are even in constant contact with those companies to boot.

If you want to turn that domain into a serious website I'd contact Sony and see what they have to say...

Comment #4

I dont own the name I stated that was just an example - I have thought about starting something but dont know if I would take the risk - Might just stick to ie.

Comment #5

Doesn't really matter what opinion anyone gives you as none of us hold the trademark. You would have to email the company and tell them your plans and see if they approve. If they approve save the email for proof you have been given the go ahead. The problem is for every 10 good things a domainer does those will all be forgotten when a domainer does 1 bad thing. I would say if you're not going to email them and ask for permission then stay away from it as there are already enough bad guys sinking our domainer boat, enough that I have recently noticed some good domainers starting to ratt out the bad guys direct to the companies. The reason to ask for permission upfront is so if the site turns into a monster they can't come and snatch it from ya later when it's profitable as you will have proof they gave you the go ahead...

Comment #6

As well as this, there are now various security companies with Tm search engines. A company only has to type in their name, and it shows all the possible cybersquatting and typosquatting names that have been registered. This could well be the year when a big push is made against cybersquatters...

Comment #7

I think this would only serve to protect you from TM infringement claims... It wouldn't protect you from losing the domain in the future. It's their mark... They could decide at any point to disallow you to use their TM for any number of reasons, whether real or made-up.

Which is why, generally speaking, it's just a solid idea not to bother with these types of names...

Comment #8

SONY and Microsoft thrive on the goodwill that fan sites give them..

Video gaming is a genre that lives off independent communites.

SONY in particular is laid back in the extreme with fan sites using the PS3/playstation moniker. They welcome these sites. Indeed, the biggest PS3 bashing site uses it in their domain and it hasn't been touched in 3 years.

Still, it's best to make sure you offer only PS3 related content , and if you have a PS3 community or memberbase then even better. We have a PS3 network and actually have phone contact with them regarding account isses and security concerns (usually youth abuse related) that are brought up on our sites.

The one to stay away from is SONY in the domain.

All that being said, the permission email approach is a great idea, and yes, a Trademark holder can always make a claim against a domain holder..

Its always worth putting in a disclaimer at the bottom of the site to make it clear you are not acting on behalf of SONY.

In THIS case, I dont see a risk, even in the long term. Just keep it a friendly fan site...

Comment #9

No I know a guy who owns he has had it about 10 years or something, no problems at all..

Comment #10

My best bet would be to contact that particular company as suggested earlier and see what they have to say about it. So that you have a written something from them for trouble times (if there are any)..

Comment #11

As the lead singer of THE EX BOX BOYS - The Official site of gaming's most popular Rock band. Phil Fischer, David Sproul, Bryan Barrows, and Joseph Childres. I can tell you that most likley they WONT do anything at all. You are supporting the brand, selling product, etc...

To play is safe, send an email of your intentions or simply ask them in the email if there is a way you can buy product from them directly and be nice. "Hi, I was going to start this website and was wondering if you know how I can get games wholesale to sell"???.

You just legally notified them of your intent. When they reply, I doubt they will mention the TM issue. Save the email, thats your way out.....

But what do I know? <evilgrin>..

Comment #12

This question was taken from a support group/message board and re-posted here so others can learn from it.


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