Is this a copyright infrigement?

Discussion in 'Legal Issues' started by bluemouse2, Aug 19, 2009.

  1. #1
    example: catdrive .com vs mydrivingcat .com

    I've done some research and I've found the answer to the problem.

    Thank you everyone for answering.

    Thread can be closed now.
     
    Last edited: Aug 19, 2009
    bluemouse2, Aug 19, 2009 IP
  2. debunked

    debunked Prominent Member

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    #2
    Typically no, but there are times where it will be to obvious and they could still sue you.

    If you think there may be a problem do more research on who has been sued with domain names. Then if you are still in doubt call a trademark lawyer.
     
    debunked, Aug 19, 2009 IP
  3. fathom

    fathom Well-Known Member

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    #3
    The real question you need to ask yourself... if you trademarked something and someone came along and makes something similar would it be worth your time to email the person and say... transfer the domain to me or I'll sue.

    That costs them "nothing" to do... and the ball is in your court now...

    Are you prepared to defend your domain? If the answer is "no" you've answered your own question.
     
    fathom, Aug 19, 2009 IP
  4. hmansfield

    hmansfield Guest

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    #4
    If the sites are similar in nature or promoting the same, or a copied product and a reasonable user could confuse the 2, then possibly.
    If they are about 2 different things, then maybe not.

    There is not really a cut and dry answer until the execution is evident.

    "Trump" is trademarked by Donald Trump as it relates to his industries and real estate development, but a site named "Trump Cards" that is about popular card playing games and strategies is clearly not attempting to confuse consumers, or piggy back off of a well known name since a "trump card" is a recognizable and well used terminology in many card games.

    If you are clearly looking to capitalize on an established brand, then yes you will get into trouble if you are caught.
     
    Last edited: Aug 19, 2009
    hmansfield, Aug 19, 2009 IP
  5. Dave Zan

    Dave Zan Well-Known Member

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    #5
    Here's another example.

    It could be if you registered LaurenRalph and showed content for clothing. But
    if you registered maybe SoftMicro and displayed teaching materials, then that
    can be a different story.

    As the lawyers generally say, maybe.
     
    Dave Zan, Aug 19, 2009 IP
  6. hmansfield

    hmansfield Guest

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    #6
    Well I remember that case of the teen who's name was "Mike Rowe" and his site was MikeRoweSoft.com and he was a software developer and Microsoft filed suit against him.

    Like Dave Zan and others are saying. Anything's a possibility. Best to steer clear of any possible confusion unless you are prepared to stand your ground.
     
    hmansfield, Aug 19, 2009 IP