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Let's imagine a website that deals with cars:

In order to categorize his website, the webmaster decides to create subdomains for the most famous brands:


Would it be legit?

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I agree with Su. You can harm any brand by any means whether using in url, subdomain or anywhere else. Just mere mention of it will do. So if you are not causing them loss or harm then go ahead and use it in the sub domains. I see all of them using. If you're marketing their product in any way, then there is nothing to worry. – AgA Dec 13 '12 at 5:33

1 Answer 1

up vote 5 down vote accepted

If you want a real answer, talk to a lawyer.

That said, your example isn't all that imaginary. already uses car brands in URLs, as directories. There's no obvious reason to think using them as sub-domains would be a special situation worth suing over versus directories. If anything, the trademark holders should sue for both just to be sure.

Trademark is subject to fair use. (At least in the US. Your particular locale may not even have such a concept. Talk to a lawyer.) If you're running a site that lets people search for cars, some of which may be Fords, it's perfectly reasonable to present a list of them via something like

Even a rudimentary understanding of URL structure would tell anyone that neither nor are pretending to be Ford(.com).

Note that intentionally creating such confusion, eg. typosquatting often can be challenged, either through actual legal proceedings or things like the domain name dispute process.

Also note that some companies/industries may be more or less likely to go after people using their names, at differing scales of "possibly infringing" so: talk to a lawyer if you're really concerned about this. Even if you're in the right, some companies with an army of lawyers are willing to just wait until you run out of money and/or just give up.

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dont they usually just start by sending a DMCA take down before going through courts and all that ? – Guy Smiley Sep 1 at 2:07
@GuySmiley It's not called "DMTA", and is not meant for trademark claims. Example – Normal Human Sep 1 at 2:16

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