need legal advice on .com .co.uk advice

Discussion in 'Legal Issues' started by ams, Mar 10, 2007.

  1. #1
    Hi Guys,

    Someone has a domain name abc.co.uk and I have a domain name abconly.com. Do they have a right to questions me why I am using/copying their name?


    thanks
    ams
     
    ams, Mar 10, 2007 IP
  2. eddy2099

    eddy2099 Peon

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    #2
    Probably not if your web site contents is not related to the other site. The rule of thumb is that if the domain name would confuse their user then maybe or if you are taking advantage of their traffic because of a popular brand name then it would be wrong.
     
    eddy2099, Mar 10, 2007 IP
  3. ams

    ams Peon

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    #3
    thanks for the reply.

    we deal in same trade but mine is abconly.com and he is abc.co.uk there is 1 .com domain who deals in other trade.
    not sure that any law says that I cannot have a name with extension?

    thanks
    ams
     
    ams, Mar 10, 2007 IP
  4. eddy2099

    eddy2099 Peon

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    #4
    There isn't any that I know but it is just an issue of whether either of you registered in bad faith. It all boils down to intend. Is the domain name the name of your company ?
     
    eddy2099, Mar 10, 2007 IP
  5. Crusader

    Crusader Peon

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    #5
    This will depend of if it is a general term or a trademark that constitutes the "abc" part. For example if the domain is "computers.com and yours is "computersonly.com", then there shouldn't be any problem whatsoever.

    If the first part is a trademark e.f "Bluefish.com" and yours is "Bluefishonly.com" then that could possibly be seen as trademark infringement since you are using their trademark and are competing in the same area.
     
    Crusader, Mar 10, 2007 IP
  6. ams

    ams Peon

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    #6
    ah, ok. thanks!
    let me explain to be precise, there is a site called "abc.com deals in computers".
    then there is another site called "abc.co.uk deals in clothes"
    my site "abconly.com deals in clothes".
    So it should not be a problem because abc.com exists in diffrent trade. And when .co.uk can operate for diffrent trade and abc.com has no problem
    what implication can be there for me in abconly.com domain. Even if I am in same trade as abc.co.uk
     
    ams, Mar 10, 2007 IP
  7. Crusader

    Crusader Peon

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    #7
    I doubt that there would be any real issues involved with this. ABC is a generic term, however if you are concerned it would be best to consult a lawyer, especially since this is an e-commerce site.
     
    Crusader, Mar 10, 2007 IP
  8. NITRO23456

    NITRO23456 Well-Known Member

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    #8
    You should not have any problems. The only thing is that you deal in the same industry and so it could be argued you are profiting off the back of all the work they have put in.

    How well established is this other company?
    I mean if it was microsoft and you were starting up microsaaaft in the same line of business you would be in trouble.

    Another option is for you to include a disclaimer on your site stating you are in no way affiliated with them.
     
    NITRO23456, Mar 10, 2007 IP
  9. ams

    ams Peon

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    #9
    thanks for the advice!!
    certainly I will take advice from lawyer as well on this.
    It's a niche site like mine, started 2 years back only, 1 person company.
    I have a diffrent domain name to them as you can see "abconly.com".
     
    ams, Mar 10, 2007 IP
  10. mohammad

    mohammad Peon

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    #10
    technically it comes down to the dates if he registered first than he can sue but if you can prove have had no malicious intent that you should be fine.
     
    mohammad, Mar 10, 2007 IP
  11. dan113

    dan113 Banned

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    #11
    well let me tell you something... i own buy-sell-rolex.com where i have put an adv saying " whoever wants to sell their personal Rolex , please contact me at the following email ... " then i received an email from a Rolex lawyer telling me to take down the site and to transfer the domain name to their registrar and they will pay me the initial tax of registering the domain. I took down the site and there was no problem ... I dont know if something could happen in your case , but my advice is to consult a lawyer to be 100% sure. From the logical point of view if you have the company "GOOGLE INC" , of course i can register "GOOGLEDAN INC" so there should be no problems ... good luck!
     
    dan113, Jan 2, 2009 IP
  12. LeftoverSoup

    LeftoverSoup Guest

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    #12
    Nope, you will have no problems at all using this domain, I can assure you that.
    It depends on the content though, make sure you don't copy any of there content.
     
    LeftoverSoup, Jan 2, 2009 IP
  13. JHGAMES

    JHGAMES Peon

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    #13
    Only if abc was trademarked before you registered the domain containing abc, unless abc is a generic term.
     
    JHGAMES, Jun 4, 2009 IP
  14. a1visitors

    a1visitors Peon

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    #14
    He's not really asking about ABC.com versus abc.co.uk. The ABC is just an example, it serves as a variable saying "insert real domain name here."
     
    a1visitors, Jun 4, 2009 IP