Can I get sued?

Discussion in 'Legal Issues' started by thedrooling, Jul 10, 2007.

  1. #1
    Lets say someone owns the domain "goalpost.com" which is somebody's photography website, and I register the domain "goalpostforum.com" which is about football would they be able to sue me?
     
    thedrooling, Jul 10, 2007 IP
  2. Slacker

    Slacker Guest

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    #2
    Dont believe so, because your site is completely different from their niche, so it would not be a threat to them
     
    Slacker, Jul 10, 2007 IP
  3. rcj662

    rcj662 Guest

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    #3
    I think you can use the name but you might want to use .net instead so the other website owner can not complain.
     
    rcj662, Jul 10, 2007 IP
  4. browntwn

    browntwn Illustrious Member

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    #4
    That makes no difference.
     
    browntwn, Jul 10, 2007 IP
  5. Geoffrey

    Geoffrey Banned

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    #5
    Yeah, the whole .com and .net makes no difference.
    Since your site is on something different, go ahead.
    Also, the owner of the original site may not even have a Trade Mark or copyright, so don't worry about it. :)
     
    Geoffrey, Jul 10, 2007 IP
  6. Auriga

    Auriga Guest

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    #6
    As long as you aren't picking in on their niche, I even don't see a starting point for any legal action at all they might undertake. F

    Of course, if you're going for some large multinational, it's a total different story: remember mikerowsoft.com?
     
    Auriga, Jul 10, 2007 IP
  7. thedrooling

    thedrooling Active Member

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    #7
    Thanks for the quick replies guys, I appreciate it.
     
    thedrooling, Jul 10, 2007 IP
  8. hmansfield

    hmansfield Guest

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    #8
    No. People can sue you for what ever they want at any given time, but i don't see any reason for you to be concerned with that.
    Unless this photographer is some big shot conglomerate, in that case he would have the domain registered.
     
    hmansfield, Jul 10, 2007 IP
  9. thedrooling

    thedrooling Active Member

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    #9
    I did a google search of his name and it turns out that hes a 59 year old photographer who is well known because he has worked for Sports Illustrated, Time, Newsweek and National Geographic.
    I also did a google search for the word that I want to use and there are domains like "goalpostshowclub.com", "eaglesgoalpost.com", "southgoalpost.com", "ncaagoalpost.com", "thecollegegoalpost.com" etc so I guess he doesn't mind...

    So I don't know what I should do, he seems like hes pretty "big". I could pick a different domain, but I'll probably just register the one I want.
     
    thedrooling, Jul 10, 2007 IP
  10. zexy

    zexy Guest

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    #10
    If it's a different niche, design, etc. you're fine.
     
    zexy, Jul 10, 2007 IP
  11. WebdevHowto

    WebdevHowto Peon

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    #11
    I agree, you can be sued for anything at anytime. As far as your site, I think goalpost is generic. If you had Iphoneforum.com then I would be worried but you don't. I don't think there is a problem here as long as you don't try and mimic the other site.
     
    WebdevHowto, Jul 10, 2007 IP
  12. Cloudberries

    Cloudberries Peon

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    #12
    I think there's two different questions that can be asked...

    1. Using common sense, is there any way that you could see why you might be sued by the other guy?
    I'd say no - your website content is obviously related to your domain name, while theirs is using the term "goalpost" in a very generic way - there's nothing they would reasonably be able to say that would convince anyone that you're trying to barge in and steal traffic from their target audience. You can easily argue that your use of the word "goalpost" is a valid one and if you are actually running a forum about football, very much linked to your content.

    2. Could someone try to sue me?
    Hell yes, people can be ba***ds :D And anyone with enough money can just shout loud enough and throw lawyers at you until you give up!
     
    Cloudberries, Jul 11, 2007 IP
  13. Dave Zan

    Dave Zan Well-Known Member

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    #13
    The question to that will be, "generic for what?".
     
    Dave Zan, Jul 11, 2007 IP
  14. Vesica

    Vesica Banned

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    #14
    Did you try to contact him? :)
     
    Vesica, Jul 12, 2007 IP
  15. pj1s

    pj1s Active Member

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    #15
    Please keep in mind that it is hard to give advice when you don't have details. People in this thread keep stating goalpost - but you write 'goalpost' - so goal probably isn't in your domain name. Buy the domain, and post it here, so you can get some advice in context.

    No one could argue about goalpost ... But I'm guessing it's not the case here?
     
    pj1s, Jul 12, 2007 IP
  16. Hopper

    Hopper Well-Known Member

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    #16
    I have to agree, its hard to tell by using the term 'goalpost' however if you were to register 'famousphotographersname-forum' there could be a bit of a grey area particularly if your name isn't 'famousphotographer'!

    Also I would be interested to see if the person holds the trademark for 'goalpost', whilst this doesn't mean they can cause problems persay, it does make life more difficult for you should you receive a legal challenge from them.
     
    Hopper, Jul 12, 2007 IP
  17. thedrooling

    thedrooling Active Member

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    #17
    His website is endzone.com and I registered the domain www.endzoneforum.com

    On his website it doesn't say anything about a trademark..
     
    thedrooling, Jul 12, 2007 IP
  18. Hopper

    Hopper Well-Known Member

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    #18
    I would say not a problem, the endzone is a specific area on a sports field (is it not?) in this sense, there sould be no problem so long as you don't talk about his photo's, site etc.

    Goodluck with the forum.
     
    Hopper, Jul 12, 2007 IP
  19. thedrooling

    thedrooling Active Member

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    #19
    Thanks, and yes it is a specific area on a sports field.
     
    thedrooling, Jul 12, 2007 IP
  20. bluegrass special

    bluegrass special Peon

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    #20
    "endzone" is a trademark held by the NHRA (National Hot Rod Ass.) for providing preferred seating status and viewing locations at auto races.

    "end zone" is held by:
    the Russell Corp. in Deleware for inflatable sports balls
    the Troy Aikman Foundation for indoor amusemant centers
    Velo Enterprises for bicycle parts
    Chambers Production Corp. for on-going sports tv shows
    Zones, Inc. for calzones

    There are several other trademarks that include end zone or endzone, but there is more to them (such as "end zone towel", "end zone sports bar and grill", etc...).

    I didn't do an exhaustive search, but it doesn't look like there are any US registered trademarks for endzone and a sports website. That being said, I'm not sure if the law would consider that to fall under the Chambers Production trademark or not.
     
    bluegrass special, Jul 12, 2007 IP