Can I Use A Trademark In A Domain Name?

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I know that using trademarks in a domain name is illegal ie: xyzcompanysucks.com, but what if I have my own domain name and choose to write a page or review about xyz company. Can I have a page such as mywebsite.com/xyzcompanyreview.html or is that still against the law. Where do they draw the line? Obviously I can write about the company on my website, that is my choice, but if i name the page after the company, will that be illegal?

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"Can I Use A Trademark In A Domain Name?" was posted on Sunday, February 14th, 2010 at 2:24 pm.

One Response to “Can I Use A Trademark In A Domain Name?”

Gravy(2010-02-14):

I actually don’t think it’s illegal to own or publish xyzcompanysucks.com. This went to court a few times and the site owners always won. As long as it’s true — that the events or products you describe actually happened, then you’re okay, and it’s unrealistic (and unconstitutional) to start regulating the expression of opinions.
Trademarks are about identifying the origin of a good or service rather than just making the owner look good. A company can’t own all mentions of their name, only specify what it product or service it’s attached to, called passing off or counterfeiting — So you couldn’t put out a line of plush toys and start throwing Disney or Russ around trying to make your products sound equal with theirs, but if you bought a Russ stuffed animal and the fabric dyes poisoned your nephew, you could certainly say so on a website, because for one thing it’s fair and normal, and for another you aren’t being mysterious about the product or service’s origins.
So http://www.e-burberry.com lost its suit when Burberry sued them for infringement, but burberrysucks.com would survive because the purposes of the sites are different. The first one was hoping to attract would-be Burberry customers to itself by capitalizing on the name, but the second site would be to air grievances.
Same thing as if Company A did the horrible thing but you called Company B out on it — Company B would have a legal case against you because what you’re saying about them isn’t true.
The trademark and copyright owners own their connection to what they produce, good or bad. It doesn’t only apply when it’s flattering.