My girlfriend has been running an online store for about two years. Three months ago, someone trademarked the brand name we were using. They contacted us and gave us two months to change our domain. We’ve built up a lot of backlinks and get good daily traffic. Now, with the end of the month near, we have to switch domains, but we’re worried about losing all that link equity. They don’t want us using the name anymore, but they didn’t ask us to hand over the domain, and they agreed to take it over later this year. Is there anything we can do to keep our links and traffic when we move to the new domain in a few days? What steps should we take, or do we have to start over?
I’m confused why you’re thinking about switching.
You can’t patent a domain. You can trademark a word or phrase, but if you were using it before them, it’s yours.
I’d recommend talking to a trademark lawyer or at least wait until they send you a legal cease and desist letter before doing anything. Also, read up on trademark law. You don’t have to actually file a trademark to be the owner. It’s not ‘first to file,’ it’s ‘first to use.’
@martin
To answer your question, you’ll need to set up 301 redirects from each of your old pages to the new ones.
You will lose some traffic and rankings for a while as Google adjusts to the change. You might get back all those rankings after a few weeks, but you could also lose some permanently. Moving to a new domain is a big change and can seriously impact your business.
Again, talk to a lawyer before you do anything.
@martin
Sorry, I meant trademark. We talked to a lawyer, and they confirmed we’ll need to change the domain. The twist is, when this new brand appeared, my girlfriend started buying their clothes in bulk and selling them individually, and she’s been selling a lot. That probably caught their attention, and they went ahead and trademarked the brand name she was using on her site.
If she tries to fight them, they might stop doing business with her. They’re making the clothing and only sell in bulk, while my girlfriend sells items one by one and is getting many customers because of it.
@PostPioneer4
Keep in mind that even if they have the trademark, they might need to compensate you for the domain. I’m not an expert in your local laws, but it might be worth negotiating.
@PostPioneer4
Negotiate hard over that domain. Just because they trademarked the name doesn’t mean they automatically get the domain.
That’s a tough situation, but try not to worry too much! I’ve been through a site swap with a friend. The key is to set up 301 redirects from your old domain to the new one. This way, you can keep some of that SEO value flowing to the new site. Be sure to update the backlinks you control and reach out to other sites to update theirs, though this part can be challenging. Also, rebuild your internal linking structure on the new site as closely as possible. It’s a bit of a hassle now, but if you do it right, your traffic should recover. Good luck!
@Isaac
Thank you! Hope it all works out.
Redirecting each page with 301 redirects is your best, and pretty much only, option here (unless you can avoid switching domains). The good news is they usually work well in keeping your SEO value.
You could try to negotiate a profit-sharing deal with them.
For example, you keep managing the domain but share the profits.
This way, you have time to build your own brand on a different domain.
Once your new brand is up and running, you can redirect the old domain to the new one.
@BloggingBard2
They won’t agree to that. My girlfriend has been in talks with the owner.
PostPioneer4 said:
@BloggingBard2
They won’t agree to that. My girlfriend has been in talks with the owner.
Then set up redirects from the old domain to the new one. You might want to hire a good SEO company.
Sorry, there’s not much else you can do. Just use backlinks and forward old pages to the new pages.
You’re getting a raw deal. Even if they trademarked it, the domain is still yours. It looks like they’re pressuring you just to take the domain.
MarkJones said:
You’re getting a raw deal. Even if they trademarked it, the domain is still yours. It looks like they’re pressuring you just to take the domain.
I’ll contact another attorney tomorrow, but I’ve spoken to three in my country, and they all told me the same thing.
@PostPioneer4
What country do you live in?
Did she get the domain specifically to sell this brand? If so, I’m surprised you didn’t anticipate this.
Chris said:
Did she get the domain specifically to sell this brand? If so, I’m surprised you didn’t anticipate this.
No. She bought the domain name two years ago and was the only one with that name. She didn’t think about trademarking it since she was new to this. Last year, someone started making clothing with the same brand name, but they were only selling in bulk. This led to a big increase in traffic to my girlfriend’s site because people wanted to buy individual items, and she had the exact domain name of the brand. She started buying in bulk from them, which probably got their attention, and they quickly trademarked their brand without her knowing, and the process was completed last month. Now they want the domain, even though they’re still going to keep selling in bulk.
Did you register the domain name before the trademark was filed, or after? It makes a big difference. And the advice you’re getting from the lawyer—is this specifically from a domain name lawyer or a trademark/IP lawyer? I mention this because trademark and IP lawyers don’t always understand domain name law. You need to talk to a domain name lawyer about this.
Brands and trademark owners can’t just create a new brand or file a trademark and think they can simply ‘take’ your domain name from you. That’s not how it works.
While I’m not a lawyer, I’ve dealt with similar issues and would be happy to point you in the right direction.
The main thing is, they haven’t filed a UDRP or sued you yet, and it looks like they’ve given you some time (many brands don’t).
What I would do is see if you can stay on as one of their resellers, buying in bulk and selling retail. That could be good for both of you.
As for SEO, I would choose a new domain name now, register it, and move the site immediately to the new domain, setting up all the 301 redirects you can. This way, you’ll have two months of redirects from the old domain to the new one, and much of the authority and trust will pass to the new site. It also gives you time to notify sites that link to you, so they can see the redirects and update their links. Some people need to see the redirect and won’t update a link to a new URL without seeing it’s redirecting. I’d also do the Google Change of Address so that Google starts to see the redirects as well.
I’d set up the redirects now while you can, and keep the domain as long as possible—take advantage of these two months. That’s if you’ve confirmed with a domain name lawyer (not just a trademark lawyer) that you registered the domain name after they filed the trademark. If you registered the domain before the trademark was filed, then you can technically keep the domain and wouldn’t have to give it up. But that might hurt your relationship with them, so you wouldn’t be able to sell their products anymore. So, my suggestion is that you tell them you’ll hand over the domain in two months, and see if they’re willing to make it three months. That will give you more time to get the most out of the redirects.