Domain legal question

[yagoparamo]

I have a Ford dealer that built some microsites with Ford+Model+Geo Location (their own) to control searches in Google. Try searching for your make+model+Location and you will be surprised how often you don't show. Look for example at "ford focus new york" and you will see that after PPC Yahoo autos, cars.com, and Autotrader.com show in the search. Only one Ford dealer shows in the fold (Stamfordford) in an area that has a lot more than one Ford dealer.

So while you would think that Ford will see this as a good strategy, have our dealers own a network of websites that guide our customers to our stores, they like it better that Autotarder, Yahoo, and cars.com control these where they can show banners for Chevy or Dodge at will once they get the customer to click. Oh, lets not forget that the nanufacturer co-ops PPC to go after these same searches so again, let's pay Google instead of owning the searches...

I'm not going to fight bureaucracy just so I can build some microsites, so I have a question for those of you talented in legal matters:

Ford can make a case that you can't own fordmustangnewyork.com since that domain includes copyrighted brands (Ford and Mustang). However could you legally own usedfordmustangnewyork.com?

This is similar to the recent case where VW complained to Google that non-VW dealers where using the VW name in PPC (Haystack was advertising used cars that way) and the resolution was that for as long as they advertise used cars that was OK to use the VW brand name.

Is this a similar case or am I stretching this?

 

[yagoparamo]

...and that is a great way not to answer what I asked

 

[MidwestFord]

I am not sure about the legality Yago, but we had an individual that has a parked domain with a common misspelling of our dealership name with Ford in it. We wanted to register the domain to get the typo direct traffic. I figured Ford would help us with at least a cease and desist letter to the domain holder or the registrar, but they really showed no interest at all. They said we would have to try purchasing the domain from the owner.

I don't think they would bother you about microsites unless the other Ford dealers in the area really pushed hard. Worst case scenario you would have to move the sites to other more generic domains.

 

[yagoparamo]

Midwest,

That case falls under cybersquating, the domain was being used "deceptively" to send customers from one business to another.

I'm just talking about buying a domain for a dealers own DMA that promotes the make's models.

 

[MidwestFord]

Midwest,

That case falls under cybersquating, the domain was being used "deceptively" to send customers from one business to another.

I'm just talking about buying a domain for a dealers own DMA that promotes the make's models.

Sure. I was just saying I don't think Ford is going to care to much. The name Ford was in the domain we were trying to get and they basically said you are on your own. I don't think they would go after you for using a geo targeted domain, especially if it was for a franchised dealer.

 

[yagoparamo]

Sure. I was just saying I don't think Ford is going to care to much. .

Yes they do.

 

[CAORYAN]

Yago,

Why don't they care about all the ford forums with domain names like Ford Truck Enthusiasts, 1948-2011 Ford F150, Super Duty & SUV owners community and information source. Covers F100, F-150, F250, Bronco, Ranger, Explorer, Expedition, Lighting, Escape and More I don't see much difference as long as your site bring value to ford customers. Legally, I would imagine if you are a Ford dealer they can revoke the right for you to use "Ford" in a domain outside of your dealership website. Ford dealers are indeed in contract with Ford Motor Company. If you aren't a Ford dealer its shouldn't matter much unless you are stepping on their toes.

Sorry I am not an attorney....I don't have the direct answer to your question.

Yes they do.

 

[yagoparamo]

Yago,

Why don't they care about all the ford forums with domain names like Ford Truck Enthusiasts, 1948-2011 Ford F150, Super Duty & SUV owners community and information source. Covers F100, F-150, F250, Bronco, Ranger, Explorer, Expedition, Lighting, Escape and More I don't see much difference as long as your site bring value to ford customers. Legally, I would imagine if you are a Ford dealer they can revoke the right for you to use "Ford" in a domain outside of your dealership website. Ford dealers are indeed in contract with Ford Motor Company. If you aren't a Ford dealer its shouldn't matter much unless you are stepping on their toes.

Sorry I am not an attorney....I don't have the direct answer to your question.

I think that legally you can use the make's name in a forum as well as in a non-profit organization like CAOFordRiders.org.

 

[csabatka1]

Stretching it a bit. Domain name and PPC Google Advertising are not viewed legally in the same light. PPC advertising would be handled by Google and by their policies. Domain name registration and usage would be handled by ICANN.

Google PPC limits trademarked words in ads (Ford, Dodge, Chevy, etc.), but you can "keyword" your ad copy so if someone searches for "Ford Trucks For Sale" it would automatically put Ford Trucks into your ad copy, even though Ford is trademarked.

Example: I can't write an adword ad with "Ford Trucks For Sale, View our Ford Trucks inventory online, Anderson Auto Group." I would have to write it "{keyword:Trucks} For Sale, View our {keyword:trucks for sale} inventory online, Anderson Auto Group."


All domain names fit under the ICANN's Uniform Domain-Name Dispute-Resolution Policy (UDRP) and must be settled by agreement, lawsuit in court or by arbiter for the domain name to be given up. Domain name lawsuits take A LOT of money and A LOT of time, most cases take 4+ years and thousands, if not hundreds of thousands of dollars to resolve in court.

A case like this would be best to go to arbitration since you wouldn't necessarily be seeking monetary loses, just domain name to be given up. With arbitration or lawsuit, you must prove that 1. you lost money because of the domain name, 2. the domain holder profited from domain name, 3. They registered in bad-faith knowing exactly they were trying to profit from domain name, and 4. trademark was famous at time of register. #3 and #4 would be easy to prove. #1 and #2 would nearly be impossible to prove in a situation like this. You have no way of knowing a visitor from that domain name in the SERP actually purchased a vehicle from that dealership instead of yours.

The best solution is to simply have a lawyer write up a threatening cease and desist letter and hope they dealership complies and give up domain name or stops using it.

 

[yagoparamo]

Chad,

Thank you for steeping in and at least provide an opinion.

My question is directed from the other side, the dealer buying a domain, not the dealer/make suing for damages.

What I don't is if adding the word USED to the domain makes a difference. For example I understand that if you buy mustandofseattle.com can be a deceptive website and the make would a reason to come after that. On the other hand USEDmustangseattle.com could be the website for a dealer that sells or specializes in used ford mustangs.

Does the word USED make that distinction?