• We’re currently investigating an issue related to the forum theme and styling that is impacting page layout and visual formatting. The problem has been identified, and we are actively working on a resolution. There is no impact to user data or functionality, this is strictly a front-end display issue. We’ll post an update once the fix has been deployed. Thanks for your patience while we get this sorted.

Legal Question about domain names. . .

The dotcom is owned by someone that is selling sovenier type stuff for the state I live in.

The .us would be a webhosting startup I am trying out.

BTW, even if the .com was a webhosting providor too, should they not register all the various iterations of their domain name if they want to protect it? Not trying to be argumentative, but why would it be the case that if if someone bought www.webhosting.com (madeup), noone could ever use webhosting.us,.info,.ws,.net,.biz, etc to run a webhosting business?

Looking for a little discussion on that one. . .

Thanks!
 
If the other company owns the legal copyright and has registered that name I think you could lose your .us .biz .info domains
 
Originally posted by: RossMAN
If the other company owns the legal copyright and has registered that name I think you could lose your .us .biz .info domains
Click to expand...

So once a word combination is taken, they don't have to register the other ones, you are just supposed to know - hands off?

Makes no sense to me. IMHO it seems if they wanted the other sites, they would need to grab em like everyone else.

Not trying to argue with you - it just seems pretty silly.

So if I went and registered alan.com - i could sucessfully sue ppl out of alan.net, alan.ws, alan.us - even if I never registered them?

Sigh if that is the case . . .
 
iirc, according to copywrite laws, you can register the domain if it if not a competing company. I know several people who have done this and as they are not competing, the .com owner can't do anything.

For example, cpanel.com/.net or hostspace.com/.us. I own x-vent.net while the .com is owned by some company in Denmark.
 
Since you will be in a different market, you MIGHT get away with, but it's iffy, especially if the other company has a registered TM/SM/Copyright. A UDRP board could let you slide or not depending on which way the wind is blowing.

Personally, if I was going to run a business, it wouldn't be worth the risk of potentially losing the name and brand after you are established. But for personal use, when all you've got to lose is $10 and time, I'd go for it....
 
Originally posted by: Jzero
Since you will be in a different market, you MIGHT get away with, but it's iffy, especially if the other company has a registered TM/SM/Copyright. A UDRP board could let you slide or not depending on which way the wind is blowing.

Personally, if I was going to run a business, it wouldn't be worth the risk of potentially losing the name and brand after you are established. But for personal use, when all you've got to lose is $10 and time, I'd go for it....
Click to expand...

I don't understand the purpose of different tld's then.

They should drop everything but .com - because it seems once you register a .com, noone else can do anything with any of the other similar .us, .ws, etc tlds . . .
 
Originally posted by: episodic
If company A has doman name www.thisdomain.com

And I I want to register www.thisdomain.us (it is open),

Is there anything they can say/do about it?

Thanks for full edification on this matter . . .
Click to expand...

Send the owner(s) of the other site an email and see what they say.
Ask if they would mind/challenge your use.
Keep a copy of any correspondance, especially if they say they will have no problem (based on your site being webhosting)
 
Originally posted by: episodic
Originally posted by: Jzero
Since you will be in a different market, you MIGHT get away with, but it's iffy, especially if the other company has a registered TM/SM/Copyright. A UDRP board could let you slide or not depending on which way the wind is blowing.

Personally, if I was going to run a business, it wouldn't be worth the risk of potentially losing the name and brand after you are established. But for personal use, when all you've got to lose is $10 and time, I'd go for it....
Click to expand...

I don't understand the purpose of different tld's then.

They should drop everything but .com - because it seems once you register a .com, noone else can do anything with any of the other similar .us, .ws, etc tlds . . .
Click to expand...

A trademark is a trademark. If someone went through the time and expense of creating a brand, why should someone else be able to ride that for free and gain extra traffic?

TLDs no longer have meaning anyway.
 
it has nothing to do w/ who registered the .com, it has to do with if anyone has copywritten/trademarked the name you want to use.
 
Provided company A and you are not in the same business, not competing for business, and you aren't misleading people to believe you or your site has anything to do with company A, then there is no issue.

As long as those points hold true, you are not infringing on any copyrights or trademarks.

Aside from that, I don't expect a souvenier company either has the desire or the means to even attempt a lawsuit.
 
Domain name disputes do not fall under copyright law.

Trademark law, however, does apply. If your domain name infringes on a registered trademark--which requires that your use of the name be deceptively similar to their trademark in such a way as to constitute unfair competition under the Landham Act, then they can require you to turn over the domain to them and possibly claim profits that you realized that they can attribute to your use of their trademark.
(That's an oversimplification; you may wish to read the relevant portions of the US Legal Code and ICANN's Uniform Dispute Resolution Policies.)

Best thing to do when you have any questions like this is to hop over to the US Patent and Trademark Office and do a search. It's quick, it's easy, and it's free. Odds are very good that you don't have anything to worry about.
 
Originally posted by: Trygve
Domain name disputes do not fall under copyright law.

Trademark law, however, does apply. If your domain name infringes on a registered trademark--which requires that your use of the name be deceptively similar to their trademark in such a way as to constitute unfair competition under the Landham Act, then they can require you to turn over the domain to them and possibly claim profits that you realized that they can attribute to your use of their trademark.
(That's an oversimplification; you may wish to read the relevant portions of the US Legal Code and ICANN's Uniform Dispute Resolution Policies.)

Best thing to do when you have any questions like this is to hop over to the US Patent and Trademark Office and do a search. It's quick, it's easy, and it's free. Odds are very good that you don't have anything to worry about.
Click to expand...

http://www.uspto.gov/

Thanks for the info 🙂
 
You must log in or register to reply here.

TRENDING THREADS

Back
Top