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Is this domain legal

Discussion in 'Legal Issues' started by Andy Lippis, Sep 7, 2012.

  1. #1
    Hi everyone.

    Im not to sure if i can use this domain, I do own it but not sure if trademark or copyright issues would come up in using it. please let me know what you think

    the domain is. crazyerdomains.com

    thanks.
     
    Andy Lippis, Sep 7, 2012 IP
  2. shalwan

    shalwan Banned

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    #2
    domain is not solid so nothing will happen i think.
     
    shalwan, Sep 7, 2012 IP
  3. casinomegamall

    casinomegamall Peon

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    #3
    Hey dude,

    As shalwan said Domain is not solid. According to me first you have to tell us its complete concept to judge this is good or bad.
     
    casinomegamall, Sep 8, 2012 IP
  4. Socialexchangeshop

    Socialexchangeshop Peon

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    #4
    for which niche will u use it why should it not be valid?!
     
    Socialexchangeshop, Sep 8, 2012 IP
  5. nks

    nks Well-Known Member

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    #5
    Have never come across any trademark infringement on this domain. By the way, any infringement is country-dependent... What seems to be an infringement in the US, may not necessarily apply to another country, eg UK.
     
    nks, Sep 8, 2012 IP
  6. Andy Lippis

    Andy Lippis Member

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    #6
    Selling domains at cost price and selling hosting was the plan. But i ask because of another domain doing a similar thing already. "crazydomains.com" that's what im worried about. I think its A US based company and Im in Australia

    Or I might just hold on to it for a while and sell it
     
    Andy Lippis, Sep 8, 2012 IP
  7. winnerdomains

    winnerdomains Active Member

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    #7
    Dont see any reason that domain is not legal? Did you just want to meet your post requirement?
     
    winnerdomains, Sep 9, 2012 IP
  8. Andy Lippis

    Andy Lippis Member

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    #8
    This has nothing to do with post requirement. its a domain i brought and not sure if i can use it cause its so similar to crazydomains.com that i wouldn't be able to use it. and i couldn't really find anything on it so i wanted to get other peoples opinion.
     
    Andy Lippis, Sep 9, 2012 IP
  9. winnerdomains

    winnerdomains Active Member

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    #9
    Come on now man. How long you been domaining? What is it about that name that could possibly be illegal? It is definitely not a TM!
     
    winnerdomains, Sep 9, 2012 IP
  10. browntwn

    browntwn Illustrious Member

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    #10
    Well just going to that domain name you provided it takes you to a website that is selling domains in Australia under that name. So they appear to be based in Australia but also looks like they or some other party has registered the US trademark as well. Now, whether crazier domains is infringing on that mark is a legal question. I certainly would not recommend using it.


    Says the guy with only 28 posts adding nothing to this thread.

    There is a company operating with the name Crazy Domains and he wants to enter the same business with the name Crazier Domains of course there is a potential problem. Trademarks do not need to be registered to offer legal protection. Just by using a term to identify goods or services it can acquire a common law trademark.

    His concern is entirely reasonable.

    The name he is worried about is Crazy Domains which is a registered trademark. So using "Crazier Domains" to sell the exact same thing is likely going to be looked at as trying to confuse the market or trademark dilution.

     
    browntwn, Sep 9, 2012 IP
    Andy Lippis likes this.
  11. Andy Lippis

    Andy Lippis Member

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    #11
    Thank you Browntwn
     
    Andy Lippis, Sep 10, 2012 IP
  12. googlerankmaniac

    googlerankmaniac Peon

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    #12
    I think the domain is legal since crazydomains is different than crazyerdomain.com. If you had thecrazydomains.com then that would be a copyright issue. There is also no copyright issue if the content of your domain in the website is different from crazydomains.com
     
    googlerankmaniac, Sep 10, 2012 IP
  13. Andy Lippis

    Andy Lippis Member

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    #13
    Interesting.. So if i sell the same/similar services but the look and feel is different would that be fine? I don't want to copy them but i want to use to sell domains and well they sell domains. Im sorta confused why crazyerdomains.com and thecrazydomains.com would be any different from each other in being similar to just crazydomains.com
     
    Andy Lippis, Sep 10, 2012 IP
  14. browntwn

    browntwn Illustrious Member

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    #14
    1. He has just added "er" to the existing word. That is hardly a difference that would make it clearly "legal" as you suggest. It is about the same as adding "the" to the front.

    2. He said he plans to use it in the exact same field as them so your second point is useless.

    Whether or not you were to run into a problem is a two part issue. First, the other company has to decide that your domain is a problem. I think they would since you are clearly trying to go after their exact same market with a virtually identical domain name. The second question is how far they take it. It could just be a simple demand to cease using it or they could just come out and sue you. All in all it seems like a pretty poor choice for a domain name for a new site, especially since you are aware of the potential conflict before you even start. The fact that they are operating in Australia and that is where you live makes it even a more obvious call.

    Again, this is not like you have some major investment or are running an ongoing operation. You are looking to start a domain company using a variation of the name one of the more popular domain companies in Australia. You might as well start with a different, unique, name.
     
    browntwn, Sep 10, 2012 IP
  15. googlerankmaniac

    googlerankmaniac Peon

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    #15
    crazyerdomain.com is an original domain?. The correct spelling is suppose to be "crazier" so in my opinion it should be very legal even if he was to sell domains at cost price and selling hosting at that domain
     
    Last edited: Sep 10, 2012
    googlerankmaniac, Sep 10, 2012 IP
  16. Dave Zan

    Dave Zan Well-Known Member

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    #16
    Unfortunately your opinion doesn't dictate what "should" and "shouldn't be" in the real world.
    While all we'll get here are merely opinions, some of them are based in real-life disputes that
    decide on this very issue.

    If you're not necessarily familiar just yet, look up trademarks and what's called "likelihood of
    confusion". But just a shortcut, trademarks aim to prevent LOC from happening.

    Here's the thing: apparently CrazyDomains is being used as a trademark to sell domain name
    services. If a considerable number of people see crazyerdomains or whatever offering domain
    name services as well, there's a debatable chance some (if not many) might actually confuse
    the OP with the trademark holder.

    And believe it or not, that's already been disputed a gazillion times. One of my favorite cases
    is the eBay vs. Perfume Bay dispute, which you can also check as your next homework.

    Bottom line is this: if the OP proceeded with what he asked, he's - at the very least - going
    to give that trademark holder something to hold him liable for. Nobody knows if the TM holder
    is going to take action, but they arguably have material claims to pursue if ever.

    Incidentally, both the OP and the trademark holder are (seemingly) at the same location. So,
    the trademark holder can go after him if they feel inclined.

    If the OP is not ready to deal with the results of this choice, then he'd better think long and
    hard about it. At the end of the day, it's his behind on the line.

    (I'd tell the OP to go ahead if I believe so. Unfortunately, I don't.)

    It's up to you, OP, whose thoughts to consider. You've already been given some clues.
     
    Dave Zan, Sep 10, 2012 IP
  17. matt_62

    matt_62 Prominent Member

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    #17
    matt_62, Sep 11, 2012 IP
  18. Dave Zan

    Dave Zan Well-Known Member

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    #18
    Winnerdomains' first question isn't relevant to the OP's question, while the second question has already been
    answered by browntwn. Feel free to read his response again if it's not totally clear, especially on the TM part.
     
    Dave Zan, Sep 11, 2012 IP
  19. matt_62

    matt_62 Prominent Member

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    #19
    ive already read browntowns message, my response is still the same, and my response has nothing to do with the overall thread, I simply provided a link to that article for the benefit of winnerdomains as an example of other names that have had legal issues.

    Feel free to read my response again if its not totally clear who i was talking to.
     
    matt_62, Sep 11, 2012 IP
  20. Dave Zan

    Dave Zan Well-Known Member

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    #20
    Ah I see. I already read Mr. Hartzer's article on that before, so no need.

    At any rate, the OP's question has already been answered, and lots of references
    (including yours) can give other folks something to think about.
     
    Dave Zan, Sep 11, 2012 IP