Hello, I don't want to list the site here, so I will use Domain.net as an example. Let's say that I own domain.info and it looks nothing like domain.net. There is no copyright on the .net domain or trademark. The owner of domain.net has sent me an email stating that I must give him/her the .info domain since she has a copyright on it (which she clearly doesn't). Is there anyway I could get into legal trouble here?
if their is no copyright and no trade mark on the name, and if the term is GENERIC, for example DOMAIN is generic, and if you are operating in a different niche, you have nothing to worry about. who owns the .com of this name? I don't think they would have much of a case unless you are int eh same niche ripping their content and they have a copyright/trademark on the name.
The above poster has it right; if the domain name consists of a generic term or terms that have not been copyrighted then you're fine. There are cases where the usage of the terms could be trademarked - for "Hush" and "Puppies" are generic terms, but their usage in relation to training shoes will be trademarked - so if you had hush-puppies.com for a site related to euthanizing dogs (sorry thats awful, but it was the only alternative I could think of) then you have an explainable and justifiable right to use that combination of words. On the other hand, even if something isn't copyrighted/trademarked/patented; if you've used a similar domain with in an obvious attempt to benefit from its association with the person disputing it then there could be problems - particularly if you registered the domaina after the complainant. For example, using my-space.com for a site about your personal appreciation of space travel would most likely be acceptable use; but using my-space.com for a myspace.com clone wouldn't be. The thing with domain name disputes is that its not always a case of legality; a lot of the time its down to what domain authorities make of a complaint against you; and whether your usage of a domain name that is similar to someone elses is in "good faith". As long as you feel you're in the right, then don't buckle to the pressure; explain your position, justify your usage of the domain, and inform the person in question that if they still have a problem then they are within their rights to contact ICANN (and recommend that they review the necessary documentation on these issues before proceeding with any claim). One thing you absolutely should not do is offer to sell the domain to then, as that would be considered as a "bad faith" registration of the domain - ie registering a domain similar to someone elses with the sole intention of selling it back to them - thats a big no no and a quick way to get your domain taken off you if the person in question does submit a complaint.
First of all, domain names are not copyrighted. You are talking about a possible trademark infringement. The US recognizes "common law" trademarks - which means no formal registration is required to establish rights to a name. It is possible to own trademark rights to a name by being the first person to use it for that particular usage classification. Doing a search on the USPTO website does not mean you can use a name if it is not listed. The domain extension (.info, .net, etc.) does not get around infringement. Generally speaking, you can't ride the goodwill of another website by using their name - even by adding words to the domain, misspelling, or phonetic names, etc. If this person is using the domain name for a pet site and you want to use yours for a completely different usage (like an ISP), then you have a much better claim for usage. When you are talking about worldwide marks (microsoft) then almost any type of usage is going to invite an infringement lawsuit. A lot of trademark law is in a grey area. You should seek the advice of an intellectual property rights attorney for specific advice on the exact domain name.
There will be no problem if the name of domain is not copyrighted.. Name like www.microsoft.com r copyrighted so u cannot take www.microsoft.info ------------------------------------------------
As mjewel stated, domain names are not copyrighted. They are trademarked. These are two different concepts.