Is domain stealing illegal?

Discussion in 'Legal Issues' started by lachlandv, Dec 6, 2009.

  1. #1
    Not as in stealing a domain but as in taking the name just say someone registered trademart.com is it copyright to take trade-mart.com or trademart.net?
    Please help me out
    cheers
    thank you
     
    lachlandv, Dec 6, 2009 IP
  2. robertu06

    robertu06 Peon

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    #2
    According to my concept, it is illegal..
     
    robertu06, Dec 6, 2009 IP
  3. Helado

    Helado Peon

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    #3
    I think it depends what you do with it. If you don't put anything on it, then it'll be OK. If you host a site that is not related to the shop (or whatever trademart is) then it should be fine. If you use it for slander then it might get taken off of you.

    Here's an example of other people doing it.

    http://www.bhs.co.uk and http://www.bhs.com also http://www.bhs.net

    The .com redirects to another site and the .net isn't being used (other than a parked page).
     
    Helado, Dec 6, 2009 IP
  4. DreamingBig

    DreamingBig Well-Known Member

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    #4
    I would not do it. I almost purchased a domain but found out that it had a .com and turned it down because it did not feel right. The other company might also threaten to sue.
     
    DreamingBig, Dec 6, 2009 IP
  5. Albanian

    Albanian Peon

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    #5
    For me Yes.
     
    Albanian, Dec 6, 2009 IP
  6. gvannorman

    gvannorman Well-Known Member

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    #6
    It may be considered morally wrong. But, you wont be violating any laws if you register a domain that has a dot com already registered.
     
    gvannorman, Dec 6, 2009 IP
  7. sean3

    sean3 Well-Known Member

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    #7
    Its illegal and you will be legally prosecuted to the highest extent of Law
     
    sean3, Dec 6, 2009 IP
  8. sonymoney

    sonymoney Guest

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    #8
    No its not illegal. No one can sue you unless it has TM.
     
    sonymoney, Dec 6, 2009 IP
  9. smivers.com

    smivers.com Peon

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    #9
    Indeed it is!
     
    smivers.com, Dec 6, 2009 IP
  10. lightless

    lightless Notable Member

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    #10
    As long as your site is unrelated to and doesn't aim to profit from the similiarity in name to trademart, and given that the domain name does not infringe on any trademark, you can register trademart.net legally. Otherwise it may get you in trouble.
     
    lightless, Dec 6, 2009 IP
  11. Misa_Misa

    Misa_Misa Well-Known Member

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    #11
    Well, I would not consider it stealing, because the registered domain is lets say '' blahblahblah[.]com'' and you want to register '' blahblahblah[.]net '' or '' blah-blah-blah[.]com ''.
    I mean it is not the same domain, it is different, so I think Copyright does not cover that.

    But it is bad for your business, nobody wants stuff that already exist, everybody wants new stuff.
    So I would not buy a domain that is too much similar to something, because it would seem stupid, not because it would be stealing, :D

    But that's just my opinion, ;)
    Misa Misa
     
    Misa_Misa, Dec 6, 2009 IP
  12. writesalot

    writesalot Peon

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    #12
    It is not a case of copyright, it is a case of using anothers name and reputation to compete with them, poach their visitors/potential customers and cause harm. It is called cybersquatting and is definately illegal and can and the will land you in court. Look up some of hte domainer forums to find out what can happen to people who have been caught.
    It is illegal to cybersquat not only businesses domains but also names of famous people. Do a search for those who have gotten into trouble with well known stars.

    I would advise those potential domainers here to check into the domainer forums before they get into trouble

    Rowan
     
    writesalot, Dec 6, 2009 IP
  13. arunn

    arunn Active Member

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    #13
    lets say the trademark is vmware and you wanna have a vm-ware for a VM Industrial warehouse Ltd.. u could justify the .com, but you wanna start a virtual OS kinda thing.. sure it will be snatched away from you.

    if you wanna just buy and hold, ur still stepping the landmine, but you are safe unless you wanna start doing anything on that domain..

    when you see a trademark.. you see trouble.. instead fry your brain to see better options..
     
    arunn, Dec 6, 2009 IP
  14. lachlandv

    lachlandv Peon

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    #14
    Its not trademarked and I dont intend to do anything with the domain/s except sell it to them is it illegal to sell it to them?
     
    lachlandv, Dec 6, 2009 IP
  15. writesalot

    writesalot Peon

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    #15
    It can still be a problem if it can be shown that you bought it for this purpose. The business can force you to give it up to them for nothing.
     
    writesalot, Dec 6, 2009 IP
  16. Raymond.C

    Raymond.C Peon

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    #16
    Yes, you can get DMCA's.
     
    Raymond.C, Dec 6, 2009 IP
  17. Warll

    Warll Peon

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    #17
    Wow guys, is this some "missuse terms" contest? copyright!=trademark, cybersquating!=typosquating.

    As to op, registering a domain withe the intention of reselling is against the TOS. It is known as cybersquating and is really pointless unless you manage to get the .com.
     
    Warll, Dec 6, 2009 IP
  18. Raymond.C

    Raymond.C Peon

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    #18
    Some are waste domains which can be used if copyright or trademark isnt set in place ;)
     
    Raymond.C, Dec 6, 2009 IP
  19. lachlandv

    lachlandv Peon

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    #19
    So in short terms, it is illegal to sell them the domain I bought to them for a higher price, will i get in any trouble?
     
    lachlandv, Dec 6, 2009 IP
  20. RectangleMan

    RectangleMan Notable Member

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    #20
    It's officially called cybersquatting and is punishable by a $100,000 fine.

    But you need a better understanding of how the law applies so I suggest you begin reading some threads in the legal section.
     
    RectangleMan, Dec 6, 2009 IP