Using Copyrighted Words, Terms, or Phrases in URLs

Posted by Rochelle in Site Building Strategies on 06 19th, 2008 | 2 responses

We’ve all seen them.  Sites that have keywords or phrases in their URLs but are not owned by the companies that copyrighted the phrases.  This may tempt you to do this yourself.  Perhaps you want to start a niche store that focuses on products from a single company and found the perfect URL that includes one or more copyrighted terms.  Should you buy the URL?  Or will doing so earn you nothing but a ’Cease and Desist’ letter?

Technically, if a word (such as Nike) or phrase (such as Nike’s Just Do It) is copyrighted, you shouldn’t touch it.  But it can be tempting, especially when you see other sites doing this.

So, I asked my mentor, Michelle MacPhearson, her take on this.  Since this concerns us all I am sharing what she said.  Here is what she told me (I have clarified a few things that are indicated by [words in here] ):

“This is a tough question. You generally just have to look at other domains in the area and see if they are using the term [or phrase]. If they are, it’s usually ok.

However.

If [your] site eventually outranks or gets high in the ranking for terms that [the copyright owners] want to keep for themselves, they can do a cease & desist/copyright infringement claim, and you’re out of luck. Most companies only care [about protecting copyrighted words or phrases] when they find a site that is outranking them, that’s when they cause problems (if they’re a litigious company).” ~Michelle MacPhearson

Bottom line, if you use copyrighted words or phrases then do so knowing that you could have your site shut down at any time, for ANY reason, and, according to Michelle, especially if it ranks highly.  I wouldn’t do it.  It isn’t worth the risk.

Rochelle

P.S. I have edited this post slightly because I fear I may have given some readers the impression that it is ok to use copyrighted or trademarked words, terms, or phrases. I do not think this is a good idea and I don’t do it myself.  Nor am I encouraging anyone to do this.  I’m just passing along Michelle’s take on this practice.