A question. Lets say there is a website that offers some sort of services. The service name itself, is also in there URL. For example: http://www.my-unique-service-name.com My question is, is it legal to have a website, in a different country, and use the same name and also the same service name in the URL just in different extension? I'm asking this because there is an international website that is providing some sort of service, and I want to create the exact same type of service in my country, with the same name, and URL with my countries domain extension. Is it possible? Legal?? Thank you
it depends. It's legal to use the same business name in different states in the US and different countries. For example, if I open a business in the state of CA and I name it: CALIFORNIA'S GREAT SHOP, INC. ; you can actually go to New York and open a CALIFORNIA'S GREAT SHOP, INC. there and be legal. Or you can do so as well anywhere in the World. The same law goes for the web. However, IF THAT BUSINESS HAPPENS TO HAVE A TRADEMARK.. Remember that word "TRADEMARK". You can usually tell by the logo. If you see a small "R" (Registered trademark) or "TM"(Trademark) next to the logo, then you CANNOT USE that business name ANYWHERE in the world. This law gets very complicated if I decide to get a trademark, then I would have to ask you to shut down your store or become homeless. This process gets a little more complex. My recommendation is to never use a name that already exists. Because if the original owner decides later to get a trademark, you will have to change yours. Also, even if you try to get the trademark first, yeah right! The court would laugh at you and say "that's very funny, nice try!"...given the fact that the other company had the name first. So you cannot win not being original. For this reason, never copy. Just my thoughts.
I think what he's really asking is if you can have for example, google.cum if ever "dot CUM" is offered in their country and build a search engine using that domain name. It's very similar to those companies who register companyname.com and then leaves out .net and .org and the rest of the extensions, and several months after, when their name already gets a lot of public attention and traffic, somebody goes to register companyname.net and .org and starts a similar service. In my opinion, as long as the domain name is available, there is nothing unlawful about registering it.
That is 100% wrong. Trademarks are granted on the term, the extension doesn't matter. Being available to register in no way gives you rights to register or use the domain - read the TOS anytime you register a domain. It is your responsibility to check for existing trademarks and possible infringement. In regards to the OP question - it really depends on the actual name. As you have said they are an international company, my guess is that you would be asking for a trademark infringement lawsuit.