Legal issues with using a competitors domain typos

Discussion in 'Legal Issues' started by Notting, Jan 9, 2008.

  1. #1
    Hi,

    Say a competitors domain is asdfg.com.

    What are the legal implications for buying a domain

    asdfv.com

    and redirecting it to our website?

    Cheers
    Notting
     
    Notting, Jan 9, 2008 IP
  2. onlinestudio

    onlinestudio Peon

    Messages:
    237
    Likes Received:
    2
    Best Answers:
    0
    Trophy Points:
    0
    #2
    death penalty
     
    onlinestudio, Jan 9, 2008 IP
  3. bluegrass special

    bluegrass special Peon

    Messages:
    790
    Likes Received:
    50
    Best Answers:
    0
    Trophy Points:
    0
    #3
    It really depends on the domain. For example, the competitor's website is oranges.com and the site is about citrus fruit. In this case, the competitor cannot have a trademark on oranges because it is merely a descriptive term, so you should have no problems with a typo domain (even if your site is also about citrus fruit. Example two; the competitor's URL is apple.com and is about computer equipment. They do have a trademark. There are three scenarios with this one.

    --First, your site that you're redirecting to is also related to computers and computer equipment. This would be a trademark violation. The consequences could be that they take the domain through UDRP or that they take you to court for infringement. UDRP won't cost you anything but time and the domain. A lawsuit could cost in the hundreds of thousands between legal fees, court costs, awards, and fines. A lawsuit is not very likely unless the trademark holder is mean or you have a lot of money.

    --Second, your site that you are redirecting to has nothing to do with computer parts. It also has nothing to do with apples. This could go either way really. Especially if your business never used the term apple prior to this.

    --Third, your site is actually about apples. You would probably be able to keep the domain in this case.

    Typos are specifically covered in various cybersquatting laws. Redirecting a domain does not give you any additional protection than having it resolve directly to a site.
     
    bluegrass special, Jan 9, 2008 IP
    onlinestudio likes this.