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Almost similar url name

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Mar 25.2007

Im looking at purchasing a domain that is almost like another one in use, i wont use the actual name because i dont want them getting read by the search engines. for example: domain i want is mysiteING.com where as this other site is they’ersiteER.com. So min is the same thing just ending in ing on the last word, and they’re url ends with a er. everything is the same just the last letters. If i purchase this domain could i get into trouble for being to close to they’re domain?

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@wh666-666Mar 25.2007 — Not at all. You could even have the same domain but as a plural if you wanted. The only way you would complicate things illegally is:

  • - Copying content off their site trying to make a duplicate one

  • - Trying to impersonate their business or fraud through deception

  • - Stealing copywritten material or intellectual ideas


    • etc etc etc, you get the point.

    But no in short, its perfectly legal to have that domain. If they wanted that one as well they would have parked it.
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    @Twinky279authorMar 25.2007 — ? thats good news, now what if my site is to be competing against his, his is game training one on one, where as mine is videos and my own game server and stuff, different content of coarse but relatively the same goal for the both of us. To train gamers. could i possibly get into trouble there and i heard that if i were to trademark my stuff i would be fine because he doesn't have his site trademarked but only copy written.
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    @tracknutMar 28.2007 — I think you could get into trouble with the scenario you're describing. You're looking at an extremely similar domain name (ie, riding on their coat-tails), and you're trying to pick nits about trademarks and copyrights. To me, this says that you're walking a very fine line, and trying to build a legal "excuse" for what you're about to do.

    Dave
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    @LeeUMar 28.2007 — Tracknut is right. Do you want to go through this? And it's his name! Why be a test case? Especially since you really don't seem to have a good reason. The idea of trying to be close to them could be seen by a court as trying to derive business from them in that way. There are some that do it and others that have been shut down.
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    @ruuzApr 01.2007 — Is the original domain name a Trademark of that company?
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    @Twinky279authorApr 03.2007 — Is the original domain name a Trademark of that company?[/QUOTE]


    No it is not trademarked, and i had already bought the one thats similar, just before you guys posted , i shall see what happens, and im thinking of just going and getting a trademark just to be on the safe side.
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    @LeeUApr 04.2007 — Trademarks are like copyrights. You don;t need to formally register it for it to be recognized as a trademark. See http://www.uspto.gov/go/tac/doc/basic/register.htm. You will need to have a search done to see if yours violates a current trademark. So even if you formally register yours, it doesn't mean they don't have an action against you. The court will also look at your intent, e.g. Why did you register one that is almost like theirs? To deceive people?" It's your call but why cause problems for yourself?
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    @Twinky279authorApr 04.2007 — well, what do you guys figure the best route is to go now? I have this domain for 10 years. My intent is not to deceive, copy, or steal traffic. I have a copyright now, would it make much sense to get a trademark? plus, i forgot to mention that i live in Canada, i have heard that rules change once the owner is in other countries, anyone know a little more about this?
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    @LeeUApr 05.2007 — You can always use it and, generally, if the other person has problems with it, they will just ask you to remove it. I don't know the laws in Canada but some countries don't recognize the laws of other countries so it there in a different country it's hard to tell.
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    @Twinky279authorApr 07.2007 — All good info. I shall let everyone know if I do run into trouble, Thanks for the help.
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