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legal to buy similar domain?





Peterssidan
I want a .com domain but there is already one that got this domain name so I thought about get a similar. I don't want to tell the real name but here is an example:
feelfreetoday.com is already taken. can I then take feel-free-today.com and feel calm without risk to get sued?

Is there american laws that goes here because it's a .com domain? anyway the domain is registered and the server is running in USA so it looks like amerikans Shocked
I don't know what I could lost. could I buy this domain and if they ask me I can stop it without get in trouble. The best is to know if this is alright.
GSIS
I don't know about Swedish or US law, but I do know that in the UK 'passing off' can be a serious problem.

Several things could happen:

1 - No-one really cares. You'll trade with no problems at all.

2 - The first site asks you to cease trading under a name that is deceptively similar to theirs. You comply with their request and change your name before any serious expense is caused to either party.

3 - This is the worst case scenario. It is not unknown in the UK. The first company decides to do nothing for now. In a year, or two, you've made a lot of money. Your company is very healthy. The original company now takes you to court for 'passing off'. Your company could be required to hand over all trading profits accumulated during the time you were misleading the public (whether intentional or not) and you are obliged to cease trading under that name. You do all the work. They take the money.

A lot depends on the type of site. If you're both offering something that is almost unique you're very likely to have problems if you also trade in the same geographic areas.

Personally I don't think it's worth the risk if you can find another domain name that is safer.
Peterssidan
ok. I don't want to risk that much. I should try to find a another one then.

thanks for your help!
imagefree
Well i dont think so. As long as you are not a compatitor of the original website, you are free to operate even if you are copying the text of the logo (that is part of the site name.)
Say if you are using Microsoft's name as Micrsoft, and you are not offering any compatitor product of microsoft, (Say you are offering Seed for FOrming), no one will have right to ask you for the similar name.


In the case you take the similar name and make a compatitor site, read this set of rules.


http://www.icann.org/udrp/udrp-rules-24oct99.htm

Below is the DOmain Name Dispute policy of Servage.net Read all about how the host resolve this type of problems. I dont know about any other webhost but servage has the following policy.
http://www.servage.net/show/?menuHeader=4&menuSub=13&page=about_domain_udrp
imagefree
Do you know!!! Google is running thousands (even more than in thousands) sites that have similar names to most popular sites. You may have experienced this problem when you type the site name incorrectly.
Ratmaster
People do that with stuff like google, yahoo and youtube all the time and they do not get sued unless they take copyrighted material (putting youtube videos on a site that has youtube in its name will not get you sued) and put it on their site and claiming it is there own or if they take the material when the site specifically says that you cannot put the material on your site.

I even have a domain like that, codelyoko.us. A semi-popular french-anime TV show. There is a .com, .net, and .fr on it already so I am surprised I actually got this one.
pdhroche
Peterssidan wrote:
I want a .com domain but there is already one that got this domain name so I thought about get a similar. I don't want to tell the real name but here is an example:
feelfreetoday.com is already taken. can I then take feel-free-today.com and feel calm without risk to get sued?

Is there american laws that goes here because it's a .com domain? anyway the domain is registered and the server is running in USA so it looks like amerikans Shocked
I don't know what I could lost. could I buy this domain and if they ask me I can stop it without get in trouble. The best is to know if this is alright.


You are very welcome to take a domain that is not taken, as they have had the chance to buy the domain, therefore if it is not registered you are welcome to it.

Domain names I believe is on a first come first serve basis.

As long as you don't copy images or text of the website or doing anything that is breaking the copyright law or as long as you are doing nothing illegal i'm 99.9% sure you will be ok.

Thanks

~Peter
dude_xyx
well Unless its a trade marked brand name you wouldn't have a problem. Just make sure its not trademarked and go for it.
mjohnson
I think there is no problem,you can regester it,no one will sue you.even google.cn has been regesterd by a Chinese people then selled to google.com charging for 1000000 RMB.
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