Misspelling domain

Discussion in 'Legal Issues' started by gartar, Jan 6, 2008.

  1. #1
    Can someone tell me, is it legal to register domain that is very similar to another domain?

    Fro example.Let's say someone is registered the domain MyFree.com.

    In that case is it legal for me to register:

    MyFre.com or MyFee.com or Myfreee.com or something like that?
     
    gartar, Jan 6, 2008 IP
  2. domainseller_1

    domainseller_1 Banned

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    #2
    i think Myfre.com is legal myfreee.com is illegal because it contains the whole name which is trade market violation i think im not sure ask someone else
     
    domainseller_1, Jan 6, 2008 IP
  3. Dave Zan

    Dave Zan Well-Known Member

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    #3
    Yes it is.

    Using the domain name that's potentially infringing a trademark...now that is a
    different story.
     
    Dave Zan, Jan 7, 2008 IP
  4. 123ecart

    123ecart Peon

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    #4
    I have to agree - so long as no trademark infringerent occurs, you're clear.
     
    123ecart, Jan 7, 2008 IP
  5. gartar

    gartar Peon

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    #5
    Thank you very much, but

    how can I be sure, that the domain is not trademark?
     
    gartar, Jan 8, 2008 IP
  6. ARonald

    ARonald Peon

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    #6
    You can search the database @ uspto.gov. Each country has their own trademark site. The url given is for usa trademarks.
     
    ARonald, Jan 8, 2008 IP
  7. macG

    macG Well-Known Member

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    #7
    Best to avoid misspelling in domain name, apart from trademark issue even it create confusion.
     
    macG, Jan 8, 2008 IP
  8. gartar

    gartar Peon

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    #8
    Thanks for that, but is it possible ordinary words like "free", "car", "house" to be trademark.

    In my example I choose MyFree.com. So is it possible that to be trademark?



    Also thanks for the site:uspto.gov, but you said it is only for US.Is there a site or tool, that will help us to find trademarks world-wide.I think it will be very hard to search on each country.
     
    gartar, Jan 8, 2008 IP
  9. ARonald

    ARonald Peon

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    #9
    Ordinary dictionary words cannot be trademarked. however you should not use these words to confuse a user.

    For example if you own windows.com and pretend to be microsoft thats dissallowed. But if you own windows.com and open a site which is furniture related or a forum or anything which does not confuse a user into believing that you are microsoft then its okay.

    for example
    gartarsoft.com is allowed
    mikecrewsoft.com is not (similar to microsoft).
     
    ARonald, Jan 8, 2008 IP
  10. gartar

    gartar Peon

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    #10
    Thank you, but is it possible both of ordinary keywords to be a trademark.

    For example:

    "car" is not
    "blue" is not, but is it possible someone to register trademark "bluecar"?
     
    gartar, Jan 8, 2008 IP
  11. Dave Zan

    Dave Zan Well-Known Member

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    #11
    Typical uninformed post.

    Apple, shell and tide are generic for the fruit, the mollusk, and the waves. But is
    each one generic for computers, oil products and detergents?

    Gartar, any word can be used as a trademark as long as they're not used in their
    generic meaning. If the domain name you intend to register shows signs of any
    commercial use (e.g. ads) infringing a party's trademark, expect trouble.
     
    Dave Zan, Jan 9, 2008 IP
  12. ARonald

    ARonald Peon

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    #12
    Actually in the following lines I did give an example which pretty much says what you have. So the whole paragraph isnt entirely misinformation if you read it entirely Dave.

    Gartar it is possible to register say bluecar. Again you should not use a typo to compete against a competitor or earn profit or even traffic. Typos of a trademarked name are a strict no no.
     
    ARonald, Jan 9, 2008 IP
  13. Dave Zan

    Dave Zan Well-Known Member

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    #13
    Well, the first line sure confused me since dictionary words can be trademarks
    as well. You could've clarified that a bit.

    Anyway, a thousand pardons.
     
    Dave Zan, Jan 9, 2008 IP
  14. Stallion

    Stallion Banned

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    #14
    Tort law is hard to understand really. A lot has to do with what you end up doing with the site. If you're knowingly trying to capitalize on a trademark by getting a misspelling, you're probably going to get into trouble.

    But you never know what could happen. Lawyers are pretty scummy and they'll find all sorts of loopholes to screw you over.
     
    Stallion, Jan 9, 2008 IP