NATOLI-LEGAL, LLC
As with so many other aspects of law, the short answer is… wait for it… IT DEPENDS!
In general, you are free to use another’s trademark descriptively in text to refer to that mark holder. This is called “nominative fair use” and the classic example is using marks like “Coke” or Pepsi” in a menu as opposed to “cola flavored carbonated beverage.” You just have to make certain that you are not presenting a false association, sponsorship, endorsement or other affiliation with any given trademark owner. I would also make sure you understand where to draw the line regards to disparagement to avoid being accused of defamation. And using logos is often seen by the courts as using “more than what is necessary to convey your point” and can lead to accusations of infringement.
Using another’s trademark within your domain is a very good way to attract negative attention and you need to be very careful here because even if you have an excellent argument for why such use is permitted and not unlawful that trademark owner may not agree with you and they can still make your life very difficult by complaining of trademark infringement. There is a salient case on the subject that involved the use of the trademark “Lexus” in a domain (see Toyota Motor Sales, U.S.A., Inc. v. Tabari, 610 F.3d 1171 (9th Cir. July 8, 2010)) . A private dealer was using among other similar domains “LeaseaLexus.com” and the Lexus company sued. The dealer argued successfully on appeal that their use in this context was solely to be able to refer to the brand that they were in fact dealing in and as such was nominative fair use and therefore not infringement.
You have to remember, however, that trademark owners are always free to take action if they believe you are presenting a false association and using any trademark within a domain can give rise to a complaint. So before you just jump in and assume you can do this get some solid legal advice. In some cases, it might make sense to use disclaimers to further distinguish your business from that of the trademark owner whose mark is used within your domain, but using disclaimers alone will not help you if in fact your use is actual infringement.
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