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DigitalPoint With some other extension

Discussion in 'Legal Issues' started by Freelance GD, Jan 18, 2008.

  1. #1
    Well... I specifically mentioned DP because I want to start a website like www.digitalpoint.extension (any)

    Can I do that? I mean would there be any problem?

    Thank you
     
    Freelance GD, Jan 18, 2008 IP
  2. Soccerplayur012

    Soccerplayur012 Peon

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    #2
    1) You'll be banned asap (from DP)

    2) It depends on whether or not your intentions with the domain are within DP's parameters.
     
    Soccerplayur012, Jan 18, 2008 IP
  3. Freelance GD

    Freelance GD Well-Known Member

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    #3
    Why I will be banned?

    The intention of the domain is to provide All Digital Solutions at one place.
     
    Freelance GD, Jan 18, 2008 IP
  4. Soccerplayur012

    Soccerplayur012 Peon

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    #4
    Well I'm sure DP won't like you infringing on their trademark.

    And yes, you would be infriging with that type of a website and would be liable to a lawsuit.
     
    Soccerplayur012, Jan 18, 2008 IP
  5. Freelance GD

    Freelance GD Well-Known Member

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    #5
    They have registered the trade mark?

    Can you provide me the link where its mentioned that they have registered it? Also a little TM should be displayed with registered trademarks. What you say?
     
    Freelance GD, Jan 18, 2008 IP
  6. Soccerplayur012

    Soccerplayur012 Peon

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    #6
    It's called "Cybersquatting" and I'm not sure but I believe they don't need to have a trademark, by making that website you'd be infringing on their name and their brand.
     
    Soccerplayur012, Jan 18, 2008 IP
    Freelance GD likes this.
  7. Freelance GD

    Freelance GD Well-Known Member

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    #7
    what about sites like digitalpoint.net, digitalpoint.info

    Also the target audience of the website will be some specific country.

    Thank you
     
    Freelance GD, Jan 18, 2008 IP
  8. Soccerplayur012

    Soccerplayur012 Peon

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    #8
    The target country, asfaik, doesn't matter.

    The other sites are infringing on DP's trademark, it is true. Whether or not DP decides to pursue them is up to Shawn.
     
    Soccerplayur012, Jan 18, 2008 IP
  9. Num Lock

    Num Lock Active Member

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    #9
    It only matters if DP trademarks their name, if not you can do it.
     
    Num Lock, Jan 18, 2008 IP
    Freelance GD likes this.
  10. Freelance GD

    Freelance GD Well-Known Member

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    #10
    Yes, this is what confusing me. I don;t think they have trademarked.

    Thank you both for replying. Leaving + Rep for both.
     
    Freelance GD, Jan 18, 2008 IP
  11. browntwn

    browntwn Illustrious Member

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    #11
    1. A registered trademark must be identified with an (R)
    2. Anyone can put a tm next to a mark they are claiming as a trademark.
    3. One does not need to register a trademark to make it a valid, enforceable trademark.
    4. One can have a valid trademark and never put a tm or R next to it.
    5. I can think of many uses of the name DigitalPoint that would not infringe on Shawn's usage. (A website about digital pencil sharpeners would be one example that would probably not infringe.)

    Merely buying an extension of an existing trademarked name is not infringement. Possible infringement will depend on the use of the domain name and the likelihood of confusion.

    In this case, it does sound like you want to do something similar to DigitalPoint.com, and if that is the case, you would most likely be infringing on their mark (registered or not). Whether Shawn cares and would do anything is another question and you should simply ask him.
     
    browntwn, Jan 18, 2008 IP
  12. jithosh.js

    jithosh.js Peon

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    #12
    I just ran a whois for some second level cctld and noticed most of em are already taken by individuals . I dont fink dp is trademarked neither i think they care about it .
     
    jithosh.js, Jan 18, 2008 IP
  13. Soccerplayur012

    Soccerplayur012 Peon

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    #13
    Read btown's post, it's completely 100& correct
     
    Soccerplayur012, Jan 18, 2008 IP
  14. pc_user

    pc_user Notable Member

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    #14
    pc_user, Jan 18, 2008 IP
  15. jezzz

    jezzz Notable Member

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    #15
    I also! dont think DP wont mind because the DP owns best extension with .com but you intentions must be checked weather are you copying the concept of DP or it's way! I think that counts up to your site
     
    jezzz, Jan 19, 2008 IP
  16. sundaybrew

    sundaybrew Numerati

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    #16
    Oh nice!

    I love reading your posts !

    How do you do #3?

    I am curious :)

    Thanks in advance brwntown !
     
    sundaybrew, Jan 19, 2008 IP
  17. Valve-Hosting

    Valve-Hosting Peon

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    #17
    Can you provide a source for that? Otherwise it's just heresay. :)
     
    Valve-Hosting, Jan 19, 2008 IP
  18. sundaybrew

    sundaybrew Numerati

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    #18

    Brwtown is qualified,

    I am not sure, if he wants me to disclose his position but , lets just say he "knows his stuff"

    Maybe he can comment as well :)
     
    sundaybrew, Jan 19, 2008 IP
  19. Valve-Hosting

    Valve-Hosting Peon

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    #19
    Yeah, i'm sure he does. I'd like what he says to be true infact. I'd just like to see a legal document of some type before I go around TM'ing things.

    I was going to pay around £40 to get something TM'ed but if i don't need too i'm all ears . :)
     
    Valve-Hosting, Jan 19, 2008 IP
  20. sundaybrew

    sundaybrew Numerati

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    #20

    I am sure a google search for "trademark law" would help you, :)
     
    sundaybrew, Jan 19, 2008 IP