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Can I legally create a website that is based on describing another (bigger) business?

  • 31-10-2018 11:55AM
    #1
    Insiderz
    Registered Users, Registered Users 2 Posts: 13 ✭


    Hi, warning I might be over thinking this, however I don't want to miss something really obvious so I'll ask the question here please;

    Is it ok to set up a website that's primary purpose is to describe how a bigger (hospitality) business functions? I plan on registering a domain name called www about'othercompany' dot com (so I would be using their business name in the URL) and all content on my site would be about travelling to their various locations, how to check-in, offers that are available, things to know, do's and dont's while staying with them etc.

    (You might suggest that this business already has all of that covered on their own site, however I believe I can improve on how they do that and I can achieve other strategic objectives in the process of doing this).

    Naturally I would be careful not to use any of their copyright logo's, imagery and actual text content. I'm not trying to do anything underhand, just I've identified a gap and can build around that. My site would actually be helping promote and publicise this business, and its surroundings.

    Thanks in advance !


Comments

  • #2
    brian_t
    Registered Users, Registered Users 2, Paid Member Posts: 7,176 ✭✭✭brian_t


    Insiderz wrote: »

    Is it ok to set up a website that's primary purpose is to describe how a bigger (hospitality) business functions? I plan on registering a domain name called www about'othercompany' dot com (so I would be using their business name in the URL) and all content on my site would be about travelling to their various locations, how to check-in, offers that are available, things to know, do's and dont's while staying with them etc.

    If the "othercompany" think that this extra information is a good idea, -what is to stop them adding this information into their own website and thus making your site obsolete.


  • #3
    Insiderz
    Registered Users, Registered Users 2 Posts: 13 ✭Insiderz


    That should happen brian_t, and likely will. I plan to be a few steps ahead, I have the SEO and online marketing knowledge etc. My question was specifically concerning the legality of creating a website of this nature. Thanks.


  • #4
    Samuel T. Cogley
    Registered Users, Registered Users 2 Posts: 10,679 ✭✭✭✭Samuel T. Cogley


    Possible issues with passing off I'd imagine.


  • #5
    GerardKeating
    Registered Users, Registered Users 2 Posts: 8,062 ✭✭✭GerardKeating


    Insiderz wrote: »
    That should happen brian_t, and likely will. I plan to be a few steps ahead, I have the SEO and online marketing knowledge etc. My question was specifically concerning the legality of creating a website of this nature. Thanks.

    if you plan to generate amy revenue from this, expect them to take action.


  • #6
    Insiderz
    Registered Users, Registered Users 2 Posts: 13 ✭Insiderz


    Ok, so I'm getting a picture that its not fully legal. That's exactly what I was curious to know.

    I wonder how do other really big websites (like Advisory/Review sites) the get away with referencing hotels and collating customers comments (good and bad)?

    Or if a phone mfr created a S10 or iPh11 and some tech expert put up a technical guide to the new phone, is that not a similar action?

    I must look up this 'passing off' legal terminology, although I've a fair idea where its going. Thanks to the above for your input.


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  • #7
    Batgurl
    Registered Users, Registered Users 2 Posts: 1,208 ✭✭✭Batgurl


    GerardKeating wrote: »

    if you plan to generate amy revenue from this, expect them to take action.

    I’d even go a step further (because you mentioned SEO) and say if you planned to steal their traffic, they could come after you for loss of potential earnings from trading off their trademarked or copyrighted name.

    Business are employing their own online marketing professionals these days who will pick up on your skimming very quickly and will be on your ass so quick. We’ve just done similar in my company.


  • #8
    Insiderz
    Registered Users, Registered Users 2 Posts: 13 ✭Insiderz


    Oh no, there is no stealing traffic or anything like that. Its really not underhand and I would actually be promoting their business in the process. Not taking anything away from their business at all.


  • #9
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    I can't see anything wrong with the idea. There are unofficial dedicated sites to music artists, movie stars, games like Zelda.

    Beware of using copyrighted material


  • #10
    Insiderz
    Registered Users, Registered Users 2 Posts: 13 ✭Insiderz


    That's the angle I was coming from Sleeper12. There are guys on YouTube that have huge following and monetisation from playing and reviewing PS4 games.

    https://psxextreme.com/ is another example.

    And similarly Bloggers making a living out of commenting on product. I thought my website would fall into the same category.

    My big concern right now is the URL, because I plan to use their brand name in it e.g. www dot about 'companyname' dot com

    That might be going a bit far but I'm very unsure where the legal line is.

    Thanks to all for your advice.


  • #11
    Grolschevik
    Registered Users, Registered Users 2 Posts: 3,472 ✭✭✭Grolschevik


    Perhaps using an analogous example might help people contextualise the idea. For example:

    "www.howtogetthemostoutofBoardsDotIE.com"

    Or

    "Www.usingFacebooksafely.ie"


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  • #12
    Mrs OBumble
    Registered Users, Registered Users 2 Posts: 26,966 ✭✭✭✭Mrs OBumble


    If this question wad asked in Enterprise and business management, I'd say:

    Unless you can afford both good legal advice now and lawyers to represent you if they decide to sue, then I'd lower the risk by not having their name in the URL.

    Remember they can wipe you out just by taking legal action yhat you cannot afford to defend. It doesnt have to be justified.

    Can you use another URL?


  • #13
    Diceicle
    Registered Users, Registered Users 2 Posts: 1,799 ✭✭✭Diceicle


    I can't see why it would be much of an issue. It would be different if you were creating a site that was highlighting negatives like a "travel-lodge-sucks.com" or something.
    As long as you make it clear you're not affiliated with the business in question you should be on a good footing.
    Look at "https://www.ikeahackers.net/" - uses the brand name in their URL.
    They also have a disclaimer in their footer:
    © COPYRIGHT 2017 - 2018 IKEAHACKERS.NET | IKEA® IS A REGISTERED TRADEMARK OF INTER-IKEA SYSTEMS B.V.
    IKEAHACKERS.NET IS A FAN-RUN WEBSITE AND IS NOT RELATED TO IKEA®, IKEA.COM OR THE IKEA GROUP.
    ANY AND ALL LINKS TO IKEA.COM ARE PRESENTED FOR READER CONVENIENCE ONLY AND
    DO NOT IMPLY IKEA'S APPROVAL OF THIS WEBSITE AND/OR THE MODIFICATION OF ITS PRODUCTS.
    IKEA® AND IKEAHACKERS.NET ARE NOT LIABLE FOR ANY PRODUCT FAILURE, INJURY OR DAMAGE
    RESULTING FROM THE APPLICATION OF HACKS FEATURED ON THIS SITE.


  • #14
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Insiderz wrote:
    My big concern right now is the URL, because I plan to use their brand name in it e.g. www dot about 'companyname' dot com

    My site is mysite.com nothing stopping someone having mysite.ie same business name. I don't think you can copyright a business name. This is my own belief. I believe its the logo alongside the name that's copyrighted or trademarked.

    I know of several barber shops called Sweeny Todd. All different owners


  • #15
    Insiderz
    Registered Users, Registered Users 2 Posts: 13 ✭Insiderz


    Grolschevik wrote: »
    Perhaps using an analogous example might help people contextualise the idea. For example:

    "www.howtogetthemostoutofBoardsDotIE.com"

    Or

    "Www.usingFacebooksafely.ie"

    That's a good idea, thank you !


  • #16
    Insiderz
    Registered Users, Registered Users 2 Posts: 13 ✭Insiderz


    Sleeper12 wrote: »
    My site is mysite.com nothing stopping someone having mysite.ie same business name. I don't think you can copyright a business name. This is my own belief. I believe its the logo alongside the name that's copyrighted or trademarked.

    I know of several barber shops called Sweeny Todd. All different owners

    That's true, great practical examples. Thank you Sleeper.


  • #17
    ct5amr2ig1nfhp
    Closed Accounts Posts: 5,016 ✭✭✭ct5amr2ig1nfhp


    aboutboards.ie :D Thanks for the idea!


  • #18
    Insiderz
    Registered Users, Registered Users 2 Posts: 13 ✭Insiderz


    Mrs OBumble wrote: »
    If this question wad asked in Enterprise and business management, I'd say:

    Unless you can afford both good legal advice now and lawyers to represent you if they decide to sue, then I'd lower the risk by not having their name in the URL.

    Remember they can wipe you out just by taking legal action yhat you cannot afford to defend. It doesnt have to be justified.

    Can you use another URL?

    Correct, if I were sued I wouldn't be able to afford even legal advice. https://b-static.net/vbulletin/images/icons/icon7.png
    Couldn't I adopt an approach where - the website goes live and if they find it not to their liking and ask me to take it down, I could just take it down or make changes to suit them? A cease and desist or whatever its called in the US.


  • #19
    Insiderz
    Registered Users, Registered Users 2 Posts: 13 ✭Insiderz


    Lionel Nutty Revolver wrote: »
    aboutboards.ie :D Thanks for the idea!

    Hee hee. And if you are successful, then someone else will do aboutaboutboards.ie ... :P


  • #20
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators, Paid Member Posts: 18,832 Admin ✭✭✭✭✭hullaballoo


    Would it be beyond the pale to suggest you ask the company/site's permission to do what you are proposing?

    If they give permission, it removes the headache of going off into the unknown always looking over your shoulder. If, as you say, your site will be more about promoting the use of their site/service, they might be happy to have you do some PR/marketing for them for free.


  • #21
    RayCun
    Registered Users, Registered Users 2 Posts: 15,704 ✭✭✭✭RayCun


    Plenty of sites and books like this
    https://www.mousehacking.com/blog/disneyland-paris-trip-planning-guide


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  • #22
    Insiderz
    Registered Users, Registered Users 2 Posts: 13 ✭Insiderz


    hullaballoo wrote: »
    Would it be beyond the pale to suggest you ask the company/site's permission to do what you are proposing?

    If they give permission, it removes the headache of going off into the unknown always looking over your shoulder. If, as you say, your site will be more about promoting the use of their site/service, they might be happy to have you do some PR/marketing for them for free.

    In this instance i prefer to ask for forgiveness than permission. The latter might just serve to draw their attention to something that hasn't been created and cause undue concern. Its always an option though, so thanks for your advice.


  • #23
    Insiderz
    Registered Users, Registered Users 2 Posts: 13 ✭Insiderz


    RayCun wrote: »
    Plenty of sites and books like this
    https://www.mousehacking.com/blog/disneyland-paris-trip-planning-guide

    Excellent example RayCun, thank you. (Their page/review is not always complimentary about the products, but still get away with it. Customers like impartiality, independent opinion.


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