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Trademarks and SEO: Should You Use Your Trademark as Your Domain Name?

So, the topic of trademarks in SEO came up recently thanks to a podcast listener named Bruce. He sent me an email saying he’d heard a tip – not from me, mind you – suggesting that you shouldn’t have your domain name the same as your trademark. Now, Bruce’s company has done exactly that, using their trademark as their domain name, and he’s a bit concerned about the implications and whether he should consider changing it.

First off, let me just clear the air here: using your trademark as your domain name is perfectly fine. In fact, it’s not just fine; it’s completely normal. Most companies do this without a second thought. Think about it – Apple has apple.com, Microsoft uses microsoft.com, and IBM’s at ibm.com. They’re all using their trademarks as their domain names, and no one’s batting an eyelid. I’ve done it myself with my own sites. So, Bruce, rest easy on that front. There’s no issue with having your trademark as your domain name.

Where people run into trouble is when they start using someone else’s trademark in their domain name. That’s a big no-no. Companies are very protective of their trademarks, and rightly so. For instance, Lego, the famous Danish toy brick company, is notoriously litigious when it comes to others using the word “Lego” in a domain name. If you try to set up a site like “legobricksets.com” without their permission, you’re likely to receive a stern letter from their lawyers.

The crux of the matter is that you can’t use someone else’s trademark in a way that could confuse consumers or suggest some sort of affiliation or endorsement that doesn’t exist. This is called “passing off,” and it’s something you want to avoid at all costs. Passing off is essentially misrepresenting your goods or services as being those of another company.

Now, let’s delve a bit deeper into the use of trademarks on your website. You might be thinking, “Can I even mention other brands on my site?” The good news is, yes, you can. There’s something called “nominative fair use,” also known as “referential use,” which allows you to use someone else’s trademark when referring to the actual goods or services they offer. This means you can use the trademarked name in your content to identify the products or services you’re discussing.

For example, if you offer repair services for Apple laptops, you can say exactly that: “We offer repair services for Apple laptops.” What you can’t do is imply any kind of official relationship if none exists. So, don’t go around saying you’re an “authorised Apple repair centre” unless you truly are. That could land you in some hot water.

Similarly, if you’re comparing products, you can use trademarks to identify them. Let’s say you’re writing a blog post comparing the latest Samsung Galaxy phone with the iPhone. You can mention both brands and discuss their features, as long as you’re being factual and not making any false claims. Comparative advertising is allowed, provided it’s accurate and not misleading.

I should point out, though, that while you can mention trademarks in your content, you need to be careful with how you use logos. Using a company’s logo without permission can sometimes be problematic. If in doubt, stick to just using the brand name in text form.

Now, a quick disclaimer: I’m not a lawyer. This isn’t legal advice, and if you’re in any doubt about your specific situation, it’s always best to consult with a legal professional who specialises in trademark law.

Speaking of legal issues, let me share a personal experience. Back in 2018, my team and I at broadband.co.uk received a cease and desist letter from a broadband supplier. They accused us of trademark infringement because we had a page on our site where customers could leave reviews about their services. This supplier claimed that our site appeared to be affiliated with them, which wasn’t the case at all. They demanded that we remove all references to them from our site immediately.

Now, we were quite taken aback by this. After all, allowing customers to leave reviews is standard practice, and we weren’t doing anything out of the ordinary. We certainly weren’t pretending to be the broadband supplier or implying any kind of partnership.

To be on the safe side, we consulted with our lawyers. They reviewed the situation and sent a response clarifying our position. We pointed out that:

– Our page was clearly branded as broadband.co.uk, with our logo and branding prominently displayed.
– We didn’t use any of the suppliers logos or brand assets.
– The content was user-generated reviews about the supplier, which is permissible under nominative fair use.
– We made no claims to be affiliated with or endorsed by the supplier.

Interestingly, our lawyers also noted that the supplier didn’t even have a registered trademark for the words of their brand name at that time – only for their logos. Even so, we were within our rights to use the brand name in a referential manner.

After sending our response, we never heard back from them. It became apparent that they were attempting to intimidate us into removing legitimate content, perhaps to suppress negative reviews. But we stood our ground because we knew we were in the right.

The key takeaway here is that as long as you’re using trademarks in a way that’s factual, non-deceptive, and doesn’t imply a false association, you’re generally on solid ground. But you must avoid anything that could be seen as passing off or could confuse consumers about who they’re dealing with.

So, to circle back to Bruce’s original question: using your own trademark as your domain name is perfectly acceptable and, in fact, commonplace. Just be cautious when it comes to using other people’s trademarks, especially in your domain name. Steer clear of anything that might suggest you’re affiliated with or endorsed by another company if you’re not.

Trademarks can be a bit of a minefield in the world of SEO and online content, but with a good understanding of the basics and a bit of common sense, you can navigate it without too much trouble. Always remember to respect other companies’ trademarks and brand identities, and when in doubt, seek legal advice.

Hope that sheds some light on the subject. If you’ve got any more questions or if there’s something you’d like me to delve into further, feel free to reach out. I’m always happy to help where I can.

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