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Copying my domain/website name?

Discussion in 'Legal Issues' started by rockinaway, Jan 1, 2015.

  1. #1
    I have had a website, dentalnotebook.com, online since 2013 which supplies information to dental students. This isn't really 'registered' anywhere per se, but there is proof it has been used for that duration.
    SEMrush
    I recently noticed a new website pop up on blogspot called 'The Dental Notebook'. Along with this, they have started a twitter profile with @dentalnotebook1 which is an extension of mine, @dentalnotebook.

    Do I have any rights here to contact the site owner etc?

    Thanks
     
    rockinaway, Jan 1, 2015 IP
    SEMrush
  2. Agent000

    Agent000 Prominent Member

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    #2
    nope...
     
    Agent000, Jan 3, 2015 IP
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  3. Page3

    Page3 Member

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    #3
    I'm afraid not, unless you have the name trademarked and you can provide a trademark registration number. It's a pity when something like that happens, but there is not much you can do.
     
    Page3, Jan 3, 2015 IP
  4. rockinaway

    rockinaway Well-Known Member

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    #4
    I see, what if I were to trademark the name now? Anyone know the process/costs? Is it worth it?
     
    rockinaway, Jan 4, 2015 IP
  5. cerno

    cerno Active Member

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    #5
    You should wait long enough to see if the new website negatively affects your website, It mightbe the case that your traffic increases as he markets his website since you have the proper domain name without "the". Unless you are losing more than $100 per month as a result of the new website it isn't worth the cost to obtain a trademark and sue the owner of the other website. If you are lucky the guy that copied you will spend money on marketing and you get half the benefit. You better make sure to run your site agressively to stay on top in search results.
     
    cerno, Jan 4, 2015 IP
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  6. Pigeon Yoga

    Pigeon Yoga Active Member

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    #6
    If you know a lawyer, you could ask them if you have any standing. If it's intentionally misleading people, I suspect that may be illegal even without a trademark.
     
    Pigeon Yoga, Jan 4, 2015 IP
  7. browntwn

    browntwn Illustrious Member

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    #7
    This is not correct. You can have a common law trademark, which is perfectly legal and enforceable just by being the first person to use the name in commerce. If the OP is the first person to use this name he most certainly can do a lot about it. I would wait and see how it affects you and if you think it is damaging your site or causing confusion then I would speak to a lawyer to see what options you have. You can usually get a free, or low cost, consultation with a lawyer in your area by contacting the local bar association referral service.
     
    browntwn, Jan 8, 2015 IP
  8. Page3

    Page3 Member

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    #8
    Common law trademark rights have geographical restrictions.
     
    Page3, Jan 8, 2015 IP