Can Parts And Accessories Retailers Use Brand Names To Market Their Products?

Many auto part and accessory retailers are tempted to use a well-known brand name like “Ford” or “Brembo” in their website domain name or business name. OEMFordParts.com, for example, might be a nice domain name for a Ford dealership selling OEM parts online and “Vintage Broncos” could be a great name for a company that rebuilds old Ford Broncos.

The trouble is that including another company’s brand name in your business name or domain name incurs a lot of liability.

Brands Can Easily Take Domains That Include Their Trademark

Many brand names are trademarked because trademarking gives brands control over the use of their name. This control often includes the ability to take domain names that include their trademark.

For example, a few years ago Ford Motor Company took a domain name away from Newford Parts Centre, a small parts company in the United Kingdom. NewfordParts.co.uk sold older Ford vehicles on the domain, but because the word “Ford” was in the URL, Ford took the domain.

You can see the original news coverage here, but this quote sums it up:

“I’ve been using [NewfordParts.co.uk] for about 14 years and I’ve been trading for over 40 years…There’s absolutely no confusion whatsoever…It’s clear on the website that I’m not associated with them [Ford].”

If you go to newfordparts.co.uk, you’ll see the site is shut down.

If you need help choosing a domain name, be sure to check out our article about naming your e-commerce website.

Brands Can Always Sue For Impersonation

Including any brand name other than your own in a domain name or official business name is problematic.

Take the case of a company called “Vintage Broncos,” which is being sued by Ford Motor Company for unfairly using the Bronco name (at least according to Ford). Or Singer, which was sued in early 2024 for using Porsche’s various trademarks in a way that might confuse consumers into thinking Singer is officially working with Porsche (at least according to Porsche).

These lawsuits are just two examples — there have been countless brand impersonation lawsuits over the years. Just Google “brand impersonation” or “brand abuse” to see all the law firms that specialize in this type of litigation. And while it can be argued that “brand impersonation” is difficult to prove, it’s academic if a lawsuit costs tens or hundreds of thousands of dollars to defend.

Also, it should be noted that brand names don’t have to be trademarked. If company Y uses brand name X in all their marketing materials because “brand name X isn’t trademarked,” that won’t stop company Y from filing a lawsuit. Even if company Y loses its lawsuit, who wants to pay the lawyers to fight the good fight?

The FTC Has Rules Against Brand Impersonation Now Too

Due to the frequency with which scammers have impersonated other entities to steal passwords, identities, etc., the US federal government has recently made “brand impersonation” illegal. See FTC Impersonation Rule Goes Into Effect for more info.

While the FTC rules would seem to be directed at individuals trying to scam consumers, they could easily be turned against companies using brand names in a way that could be confusing. Brand X could complain to the FTC that such-and-such company is “scamming” customers by impersonation. Who wants to be a “test case” for the FTC?

Image copyright: costasz / 123RF Stock Photo

Best Advice: Don’t Use Other Company’s Brand Names

As tempting as it may be to register a domain name like DiscountBrand.com or BrandRepairParts.com — or even build your business around a particular automotive brand — it’s a bad idea:

• If a brand name is trademarked, the brand can simply take your domain name
• Whether a brand name is trademarked or not, any brand can sue if they feel you’re impersonating them or causing confusion
• If any aspects of your business have the potential to confuse customers into thinking your company has some official status or role with another company, it could be trouble with the FTC

If you must use another company’s brand name for some reason (say, to describe a product), it should be clear that your company is NOT affiliated with the brand. If you sell truck accessories, for example, you can say that a tonneau cover “fits the 2024 RAM 1500,” but if you say something like “this tonneau cover is 2024 RAM 1500 certified” and you include RAM’s logo in sort of certification graphic, you could have a problem. Some consumers might see a graphic or label like that and assume your company is somehow working with or officially involved with RAM.

Finally, don’t take this article as a substitute for legal advice. We’re not lawyers, and if you have any questions about the content of this article, talk to an attorney who specializes in these matters. We’re not here to teach anyone the law, and we’re not liable for anything you do (or don’t do) as a result of this article.