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  • maxeernst

    Tried to solicit some input on this from the Twittersphere, but didn’t have much luck.

    Surprisingly was able to purchase a few DFS website domains recently (DfsNHL.com DfsNFL.com DfsMLB.com) and am wondering what I should do with them. Any input / ideas?

  • Ross

    You may run into some type of trademark issues (especially with DfsNFL) depending on what you end up using them for. Not sure if they actually target sites using “NFL” in the domain, but if they felt it was being used to mislead people into thinking they are somehow affiliated or connected with the site it could be a big issue.

  • Ross

    From what I can tell if you have anything related to football on DfsNFL.com they could make a case for trademark infringement. Not sure they would win the case though. You can find more info on that here

  • maxeernst

    Thanks for pointing this out, RRT —- You just launched me into 30 mins of legal research.

    Obviously I don’t specialize in this area, but here is what I have gleaned.

    -This probably isn’t worth it given that major sports leagues regularly litigate to protect their trademarks.

    -That being said, there is likely a decent argument that the use of the trademark would fall into the category of “Nominative fair use”.

    -Big hurdle to jump vis a vis arguing nominative fair use would be showing that use of the trademark was necessary to identify what is being sold (or written about i suppose).

    There was a big case about this in 2010 that ruled in favor of nominative fair use as it relates to domain names.

    http://cdn.ca9.uscourts.gov/datastore/opinions/2010/07/08/07-55344.pdf?_ga=1.62053481.415140651.1468944214?_ga=1.62053481.415140651.1468944214

  • smallANDflaccid

    Do DFS sites still do referral bonuses via links?
    For each one, setup a redirect to your referral link for whatever site (could even randomize between sites).
    If not, then I guess no point.

    (also no clue if that would somehow breach some sort of way the referral rules work)

  • DaveNYC

    Get rid of them asap. You are begging for a trademark suit if you try and develop them. Especially the NFL, they protect their brand ruthlessly.

    source: I’ve bought and sold thousands of domains over the years

  • maxeernst

    @DaveNYC said...

    Get rid of them asap. You are begging for a trademark suit if you try and develop them. Especially the NFL, they protect their brand ruthlessly.

    source: I’ve bought and sold thousands of domains over the years

    Did you read my response above // the case I cited?

  • DaveNYC

    Yea I read it and you stated you don’t specialize in this area. I do.

    It’s trademark infringement plain and simple. Take a look at what the nfl does to a small little bar who hosts a party and puts the words “super bowl” in the title.

  • maxeernst

    @DaveNYC said...

    Yea I read it and you stated you don’t specialize in this area. I do.

    You’re an attorney that specializes in trademark infringement cases with domain names?

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