The domain dillema

#Question is regarding a “.com” domain.

I wanted to sell a theme of Magento, which is a content management system.

I have booked a domain that carries the word “Magento”. I am not writing the actual domain due to certain reason, but let’s assume a hypothetical domain:

awesomemagentothemes.com

Now in the footer, If I clear mention a disclaimer that we are not an online franchise of magento.com nor we are endorsed by them in any way, but we are an independent organization that specializes in building Magento themes.

I believe legally I am not creating any issues.

Please guide me, and give me suggestions.

P.S. I wrote to the company several times, but they didn’t reply(it’s been 11 days) I also tweeted, but no reply.

I don’t see any problem - people do it all the time for fan sites and forums (brands like xbox & wii). There’s even a paypalsucks.com (presumably not endorsed by paypal!).
I think as long as you don’t claim any affiliation with magento, and don’t use any protected trademarks, you’ll be fine.
I would keep a copy of your (unanswered) correspondence too, just for proof or your good intent.

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