So.. it seems that everyday so many Twitter® tools, apps and websites keep popping up.. This happens a lot when a service becomes very popular.
Most of these tools are great for Twitter.com as it helps promote it’s site even more and the builders of these applications may become popular in one way or another because of it’s service.
One problem I see is a lot of these sites /apps /tools that the everyday Joe is creating also are including the registered trademarked term Twitter in the domain name they decide to use!
Uneducated people buy domain names all the time with a clear trademark in them and use the domain name in a way that has a lot to do with the Trademarked term.
IMO, this is one of the dumbest things you could do. For one, you are putting your domain name / site at high risk, due to using a trademarked term. Maybe not Today, but a month or two or if it becomes popular! Legal action could be taken against you to hand over the domain to the trademark holder almost at any time.
This is a risk that I think is just Not worth taking!
What if your tool, site or app becomes really popular… do you think a big company is going to fork over big cash and buy it with a clear trademark infringement in the name? Your chances are greatly reduced IMO!
Any money spent on the domain name, site, time, links, SERP’s etc… all gone if the TM holder comes after you and wins the domain! Don’t forget about legal fee’s and all the other headaches.
This can all be avoided from the start really…..
Just because you are building a site, tool, app that may work with a service, does not mean you Need or Should include the other service’s name into yours. Especially if it’s trademarked.
It’s their brand, not yours and the reason for the trademark.
What not to do: TwitterPassion.com, TinyTwitter.com and TrackingTwitter.com are a couple of examples IMO that are extremely risky if Twitter ever decided to pursue to protect it’s TM. Heck, TwitterPassion.com is even using the Twitter Logo!
I think you are a little safer using terms like Tweet and Twit….
What is a better choice: TweetDeck.com who actually holds a TM for it’s term. TweetDeck®
Best Choice: Make up a name that is trademark free (clear) and promote it.
Every Brand was not known at some point, so don’t think you can’t make a name popular either. With the net today, it sure makes getting your name out much easier and faster. This will also Greatly reduce your risk of losing your domain name and all your hard work!
viqi
I have been reading your blog regularly recently. I am also trying to read every singleblog entry from the start. I have noticed that you stress a lot to stay away from the TM domains. Your re-enforcement on this topic helps me keep away from the TM domains, even though they are really tempting. Thanks for reminding us
UDRPtalk
I think as long as they are adding value, the TM holder will leave them alone.
For example, CNN bought the @CNNBRK account a month ago. If the guy didn’t use “CNN” within the name, he would not have been able to get a million followers.
Bottom line…if you are adding value, you are generally safe. If you are parking, then you are not helping the TM holder and thus what you said here applies.
Jamie Zoch
@UDRPtalk,
I do agree about the part of adding value, but this could also be all the more reason the TM holder would go after it and holds a solid reason not to Pay for it. Many companies seem to rather pay legal fee’s then the owner of something when a TM is in play.
Jamie Zoch
@viqi,
Glad to hear you are trying to read all the posts that I have done. That is pretty cool! Yes, it is wise to stay away from TM in your domain as I think it’s simply not worth the risk. Let me know if you run into any questions during your readings.
Twit Store
We couldn’t agree more with your post Jamie. In fact, we educate our clients why they should not use the proprietary term ‘Twitter’ as a brand for their apps and services!
Twitter may seem like an open platform, but as we all know, at some point, it will find the need to protect their marks as more important as the need for publicity wanes.