Hi guys Whats the legal issues for example say a guy owns guysbusiness.co.uk and the guysbusiness.com is not registered if I buy the .com version then is it a case as long as its not trademarked its the guys problem for not buying both? Thanks James
Even if its unregistered, a trademark can be established simply by using it, so I'd proceed with caution.
Does that apply worldwide though or only in certain countries? Similarly how someone can patent something but if they dont have the worldwide patent then its not fully protected.
What the $#@$ is the point of hundreds of tlds if the owner of one can claim rights on all? IMHO you are ok as long as the name is not trademarked, and/or if you are in a different country and do not create confusion with the original site.
If it's not a blatant trademark infringement, you should be fine unless it's intended to be used in bad faith, i.e. cybersquatting.
Here is a link that I use to help zero in on these matters: http://www.domainnews.com/litigation/ Seems I have one or two others, which I will share if found. Basically, intention has everything to do with it. First of all, does the claimant have a position of trademark or such rights. Then, is the defendant obviously trying to exploit and abuse the situation. Then, it becomes a battle for the lawyers... does the defendant have a history of cybersquatting and such. Ultimately, in America (as we have painfully found out in the past) anyone can sue anyone else if they have the lawyer power, money, interest in putting forth the effort and stress involved. Being right or justified really has nothing to do with it. And, as long as the government isn't involved, they don't care. And, whether you "win" or not... you will still lose something as the lawyers will set it up so that if you do not defend yourself, you forfeit by default!! Best to avoid any such situations if feasible. On the other hand, some have said that major companies will buy domains they could win rights to in court if it is considered less than the legal fees expected. Maybe even up to $10,000 or so!! Also, going even further away from the exploitation of an existing (and obvious) trademark would be to develop the domain under some theme that the name makes sense why it was used for that site. So, back to your example, guysbusiness.com... okay, say the UK one doesn't really have a prescense in US and you developed it along the line of business that guys would like, or your name is Guy and this is your business site. It would probably be pretty tough for the UK owner to successfully attack you. Good Luck!
Thanks for the replies guys. Its unfortunate I cant give much more info. I occasionally find a few names where just the .co.uk is registered. I guess if I was to tell the truth the idea would be for me to buy the name and sell it back to the original owner with a profit or just park it and make money that way. Alternativly set up a directory style site. OK I can feel some snipers about to blow my head off but at the end of the day any one running a business from the UK in my point of view should register at the very least both the .com and .co.uk of their company / business type / area. I fully admit that should something like this ever go to court then yes I would probably lose but don't see why I should. OK I just thought I can give an example of something I already own. prestigedrycleaning I purchased the .com from one of Go Daddy's dropped auctions. I have a family relative who currently works in a dry cleaners and we are discussing setting up a business. I think the name fits well. So if someone living in say Scotland had just purchased the .co.uk and we got the .com then thats their problem. I'm probably an arse for thinking that but its no difference from one dry cleaners based in Bristol and then someone else setting one up. James
you will have no worries if the domain is free. last year i wanted a domain and searched for it but noticed the name.co.uk had already gone so i got the name.com ive had it over 4 years and had no complaints