This article is for informational purposes only and does not constitute legal advice. Domain holders and trademark owners may make their own decisions at their discretion.
You’ve launched your affiliate marketplace, linked up genuine products from trusted brands, and things are going well… until an email lands in your inbox. A trademark holder wants your domain shut down.
Sound familiar? Here's what’s happening, why it matters, and how to fix it smartly.
🔎 Why You're Seeing This
At 37x, we’re committed to transparency with both merchants and our supplier affiliate network. We vet custom domains via our Domain Publication Policy to ensure they’re lawful, brand-safe, and supplier-compatible, helping us offer the highest quality and quantity of suppliers across a high-value network of marketplace domains. We also enforce strong protections against misrepresentation and counterfeit products to preserve trust across our network.
1. The Core Issue: Trademark in a Domain Name
A trademark held by someone else (like Minecraft, Ferrari, Nike) is typically off-limits in your domain. Even if you're promoting genuine products via affiliate links, using the trademark in the domain name can still imply affiliation or endorsement, and trigger:
- Trademark infringement
- Passing off (in UK and common law jurisdictions)
- UDRP complaints (leading to domain seizure)
- Legal or marketplace takedown demands
These mechanisms operate across multiple legal jurisdictions. The UDRP (Uniform Domain-Name Dispute-Resolution Policy) is enforced internationally and allows trademark holders to reclaim domains without going to court. In nearly all clear-cut cases involving trademarked domains, trademark holders win, especially when the domain implies affiliation or is being used commercially. Courts and arbitration panels prioritize protecting brand identity over affiliate intentions, no matter where you or the domain are based.
This is separate from counterfeit goods. 37x takes counterfeiting seriously; listings that violate our Counterfeit Goods Policy are removed from the network to protect you, end customers, our affiliate suppliers, brands and partners.
We also strictly prohibit misrepresentation (e.g. passing off as another brand) under our Misrepresentation Policy. That means no fake claims of endorsement, no lookalike branding, and no deceptive practices.
2. Good Faith vs. Bad Faith
When evaluating whether a domain name has been registered and used appropriately, both legal authorities and 37x consider the intent and conduct of the domain holder. This is often referred to as acting in "good faith" versus "bad faith."
Good faith means:
- You intended to promote genuine affiliate products.
- You clearly disclaimed any brand affiliation.
- You were cooperative and responsive if a trademark holder contacted you.
Bad faith means:
- You registered the domain to resell it or leverage brand recognition.
- You implied endorsement or an official connection that doesn’t exist.
- You ignored takedown requests or were uncooperative.
Domains with trademark violations trigger "Restricted" risk under our Domain Publication Policy; sites will be blocked from publishing and must be changed or legally approved.
3. Affiliate Listings & Nominal Fair Use
Using trademarked names in product listings or descriptions is usually allowed under nominative fair use, provided:
- You describe real products accurately (e.g., “Official Lego sets”)
- You're not using official logos or fonts
- There’s no suggestion of official partnership
This kind of use is considered descriptive and acceptable when promoting genuine affiliate-supplied products vetted through 37x’s network. The 37x platform is built on verified suppliers, not counterfeit goods or misleading claims.
However, this does not extend to domain names. Trademark use in a domain is generally not protected under fair use, even if your product listings are compliant.
4. What to Do If You Receive a Takedown or Surrender Request
- Respond promptly and professionally, don’t ignore it.
- Show you're not trying to extort the brand.
- Offer to transfer the domain, explaining your honest affiliate intent.
- Mention you’d appreciate reimbursement of basic costs (e.g. £20–£50 registration), but don’t demand it.
- Propose a clean rebrand (e.g.,
pixelplaystore.com) and redirect existing traffic. - Refer to our Trademark Policy and Takedown Request Policy for transparency.
5. Avoid These Pitfalls in Domain Selection
- Avoid including trademarks or close variations (e.g.,
'nike-gear','officiallego'). - Avoid typosquatting (e.g.,
'gooogle-shop'). - Avoid implying official status (
'official…','authentic…'). - Do not register domains hoping to sell them to trademark owners; that’s domain squatting and violates our policies.
We reserve the right to remove or block domains that violate any of these principles, even if they’ve already been published. We may also ask you to change your desired domain name to something legal and brand safe.
6. Build with Legally Safe Domains
Before you register a domain, it's a good idea to check whether the name you're considering is already a registered trademark. Here are a few places you can search:
- UK: UK Intellectual Property Office (UKIPO)
- EU: EUIPO – European Union Intellectual Property Office
- US: USPTO Trademark Electronic Search System (TESS)
- Global: WIPO Global Brand Database
These databases let you search by wordmark or logo. Be aware that trademark rights can apply even if the term is not identical, similar sounding or visually similar terms may still pose risk.
Aim for:
- Creative but descriptive names (e.g.,
craftgearhub.com,speedstylecollective.com) - Clear branding that avoids any misleading affiliation
This improves:
- ✅ Supplier compatibility
- ✅ Ease of domain approval
- ✅ SEO and affiliate performance
7. Final Take
Stay Compliant to Stay Published
Using a trademarked name in a domain, even in good faith, is rarely defensible and can result in takedowns or legal action. It's typically just not worth the risk.
Use Creative Branding
By choosing original, brand-safe domains, you protect your reputation and access to top-tier suppliers.
Avoid Legal Disruption
Rebranding early is better than risking sudden domain loss or deactivation.
Need Help? We're Here
Unsure if your domain is safe? Contact our support team and we’ll review it with you. We can't make any guarantees but can point you in the right direction.
At 37x, we’re building a long-term ecosystem of trusted suppliers and marketplace creators. Our domain vetting process and policy enforcement protect end customers, your reputation, ensure network compliance, and promote sustainable growth.
This guide does not constitute legal advice. Always consult a qualified legal professional for trademark issues. Brand owners and domain holders have full discretion over enforcement, and outcomes may vary depending on context.