Copywrite Question. Can You Use A Companie’s Name In A Domain Name For A Service Business Without Permission?

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My question is this: I have an inventory and customer managment system (online) and want to know if I can put the business name in my domain title. For example, if I am running a business for Avon, could I use www.avoninventory.com or would that be copywrite infringment? What if I put a disclaimer that says we are not affiliated with avon? Thanks ahead of time for your help with this!

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"Copywrite Question. Can You Use A Companie’s Name In A Domain Name For A Service Business Without Permission?" was posted on Monday, November 9th, 2009 at 2:28 pm.

2 Responses to “Copywrite Question. Can You Use A Companie’s Name In A Domain Name For A Service Business Without Permission?”

sago(2009-11-09):

It isn’t copyright infringement, no. As long as you don’t use their logo or content.
But it would be trademark infringement, so long as the trademark owner could show that your use of it may confuse customers into thinking that your business was connected in some way. That’s the test, not whether you acknowledge the trade mark or try to use it without permission.
Of course, even if they couldn’t possibly be confused (and from your question it sounds like they definitely could, but for argument’s sake), if you used the trademark, they would start legal proceedings, and even if you though you’d win, you wouldn’t have the resources to fight the case.
So you’d be much better off avoiding the whole thing.
RayM(2009-11-10):

I would think Avon would be sending you a letter, especially if you say not Avon. These are Trademarks and the courts have allowed things like victor’s little secret.