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...if so what can I put on there that will make me money?....

Discussion in 'General Business' started by eiso, Aug 8, 2005.

  1. #1
    Lets say i found a key word on nichebot.com , with these stats:
    Searches a day: 256,620
    pages: 516,000
    competition: 17,900
    ratio: 0.07
    I checked google and it is true there are only around 516,000 page on the keyword.
    The leyword phrase is the name of an old musical band, is it worth to register a domain exactly like the keyword phrase and put something on there?
    if so what can I put on there that will make me money? And how hard will it be to come in the TOP 10 at google?

    Thank you,

    Eiso
     
    eiso, Aug 8, 2005 IP
  2. mjewel

    mjewel Prominent Member

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    #2

    It sounds like the name would be a trademark infringement and you can get into legal trouble by registering it and trying to turn it into a commercial venture. Trademark/Service mark issues can be complicated, and you just can't add to the name to get around the legal issues. Even a different spelling or foreign spelling can get you into trouble if the sites content has something to do with the trademark/Servicemark. Even an old band has intellectual property rights that they, or their record company will protect.

    You could try adsense, but you should check overture to see what the keyword pays. If it is a 5 cent keyword, you are going to need a lot of traffic to make good money.

    How hard to get in the top ten? Probably a good deal of work- but you should check the current top ten results to get an idea of their PR and backlinks. You should be prepared to put in a lot of time and effort into the site if you want to get a top ten ranking- and be prepared to look 3 to 6 months down the road to get significant google traffic unless you are going to be buying traffic/adwords.

    If you want to proceed, you should probably first consult a trademark attorney to see what they think. It will cost a few hundred dollars, but you don't want to spend months working on a site only to get a cease and desist letter - and possible request to turn over the domain name.
     
    mjewel, Aug 8, 2005 IP
  3. eiso

    eiso Peon

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    #3
    I'll drop this one, it was "pussy cat doll" or "cat doll pussy ".
     
    eiso, Aug 8, 2005 IP
  4. mjewel

    mjewel Prominent Member

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    #4
    There are 45 different classifications, and to have broad rights, you would file a registration in each of the classes- which is very expensive to do. Companies like Coke, IBM, Microsoft do this to be able to completely protect usage. IBM and most of the major names even have a registration in jewelry, not because they want to be in the business of selling jewelry, but to protect any possible use of their name.

    In your case (although I didn't run a search) the tradename/service mark is most likely limited to a few classifications. That means you could probably register a domain name and use it as long as it didn't have anything to do (and wasn't likely to be confused) with the mark holder. So a site that didn't have anything to do with the band (and probably music in general) would be old i.e. a clothing line by that name (provided it wasn't already being used for that purpose by someone).

    Registration of a tradename isn't required to have protection of the name. The rights to the name goes to the first person to use it, provided they are continuing to use it, for that particular usage. Just because someone doesn't hold a registration, you don't have rights to use the name i.e. a company markets a line of clothing called "Blue Dog" but doesn't hold a Federal Registration. You could not start a line of clothing called "Blue Dog" without subjecting yourself to an infringement suit. Some names are also not able to be trademarked.

    Getting a Federal Registration has some benefits. It gives you uncontestable rights after 5 years. It makes it easier for someone to see you are using the name (tends to limit problems) and allows you to collect treble damages in an infringement suit. So before using a name, you have not only check for a trademark/service mark registration, but check to see it anyone is currently using it.
     
    mjewel, Aug 8, 2005 IP
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