Hello and welcome to our community! Is this your first visit?
Register
Enjoy an ad free experience by logging in. Not a member yet? Register.
Page 1 of 2 12 LastLast
Results 1 to 15 of 22
  1. #1
    New Coder
    Join Date
    Feb 2010
    Posts
    33
    Thanks
    0
    Thanked 0 Times in 0 Posts

    if my website is very close to another name do i have to worry about being sued?

    for example: website A is called fatcow.com, website B is called fat-cow.com

    website A was around before website B, is there any way website B could be sued or anything?

    thanks!

  • #2
    Rockstar Coder
    Join Date
    Jun 2002
    Location
    USA
    Posts
    9,074
    Thanks
    1
    Thanked 328 Times in 324 Posts
    If the name of website A is registered trademark, it is possible. Or if they think you registered it in bad faith. e.g. To get people that mistyped the url
    OracleGuy

  • #3
    Senior Coder
    Join Date
    Oct 2005
    Posts
    1,340
    Thanks
    0
    Thanked 61 Times in 60 Posts
    Chances are you will not get sued but will receive a warning letter first.

  • #4
    Senior Coder
    Join Date
    May 2005
    Posts
    2,137
    Thanks
    96
    Thanked 72 Times in 72 Posts
    No it's not illegal unless you are copying their website or calling yourself Fatcow and also giving web hosting.
    Rowsdower! has accused me of having mental problems, and the administrator allowed it. What a great forum huh?

  • #5
    The Apostate Apostropartheid's Avatar
    Join Date
    Oct 2007
    Posts
    3,215
    Thanks
    16
    Thanked 265 Times in 263 Posts
    If you're in the same sector (like both site A and B are both auction sites) and/or operate in the same country/area, I'd be wary. Talk to a lawyer.

  • #6
    New to the CF scene
    Join Date
    Feb 2010
    Posts
    3
    Thanks
    0
    Thanked 0 Times in 0 Posts
    I guess it depends on who the other website is. For example, you can never get a domain that would contain ebay in it. Now matter how long or obscure it may look like for example "dasdaebaysdasd.com", ebay will still come after you.

    Amy Cameron
    BuildMySiteforFree.com

  • #7
    Supreme Master coder! Philip M's Avatar
    Join Date
    Jun 2002
    Location
    London, England
    Posts
    17,928
    Thanks
    203
    Thanked 2,531 Times in 2,509 Posts
    Quote Originally Posted by Apostropartheid View Post
    If you're in the same sector (like both site A and B are both auction sites) and/or operate in the same country/area, I'd be wary. Talk to a lawyer.
    Yes, good advice. Bear in mind that you probably cannot afford the costs involved in litigation to test in court whether or not fat-cow.com was too close to fatcow.com. If I owned fatcow.com I would probably drive you off just by sending you a lawyer's threatening letter. If you did not withdraw then I would start legal proceedings, at which point you would fold.

    So in short you are taking a big risk. If I could demonstatre financial loss then you would have to pay possibly significant damages.

    As the man says, you would never be able to register myebay.com or micro-soft.com.
    Last edited by Philip M; 02-23-2010 at 08:46 AM.

  • #8
    Senior Coder
    Join Date
    Jul 2009
    Location
    South Yorkshire, England
    Posts
    2,318
    Thanks
    6
    Thanked 304 Times in 303 Posts
    Quote Originally Posted by Philip M View Post
    As the man says, you would never be able to register myebay.com or micro-soft.com.
    Why not? If the intention was to deceive people in some way or form by the similarity, then there would most likely be a case for the legal courts. However, until the day any company owns the rights to the English language, there's not a damned thing they can do about a similar name unless there is some obvious non-innocent reason involved in the choice of that name. Will we all start legal proceedings against people who have the same firstname or lastname, just incase they may ever decide to impersonate us?

    There's not a single, morally ethic legal system on earth, (which does probably rule out pretty much all of them), who could punish the innocent use of a similar name in good conscience.

  • #9
    UE Antagonizer Fumigator's Avatar
    Join Date
    Dec 2005
    Location
    Utah, USA, Northwestern hemisphere, Earth, Solar System, Milky Way Galaxy, Alpha Quadrant
    Posts
    7,691
    Thanks
    42
    Thanked 637 Times in 625 Posts
    There is plenty of precedent to the contrary, Mattf. "Googlegear.com" was forced to change their domain name, even though they sold computer parts. (They are now zipzoomfly.com)

    I found this interesting site that is dedicated to the topic:

    http://cybersquatting.com/

  • #10
    Regular Coder jfreak53's Avatar
    Join Date
    May 2004
    Location
    Guatemala
    Posts
    477
    Thanks
    19
    Thanked 10 Times in 10 Posts
    Quote Originally Posted by Fumigator View Post
    There is plenty of precedent to the contrary, Mattf. "Googlegear.com" was forced to change their domain name, even though they sold computer parts. (They are now zipzoomfly.com)

    I found this interesting site that is dedicated to the topic:

    http://cybersquatting.com/
    Great info page, thanks for the share
    "FORTRAN is not a language. It's a way of turning a multi-million dollar mainframe, into a $50 programmable scientific calculator."
    http://www.microfastcat.com -- FastCat Software, the fastest software on the NET!
    http://www.microthosting.com -- Free reseller web hosting, Hosting, VPS, FREE SMALL HOSTING!!!
    http://www.microtronix-tech.com -- Web design and programming

  • #11
    Senior Coder
    Join Date
    Jul 2009
    Location
    South Yorkshire, England
    Posts
    2,318
    Thanks
    6
    Thanked 304 Times in 303 Posts
    Quote Originally Posted by Fumigator View Post
    There is plenty of precedent to the contrary, Mattf. "Googlegear.com" was forced to change their domain name, even though they sold computer parts. (They are now zipzoomfly.com)
    So it's down to good old backhanders, as per usual. At least the judicial system is consistent. Bent as a nine bob note, granted, but consistently so.


    I found this interesting site that is dedicated to the topic:

    http://cybersquatting.com/
    Cheers. I'll have a read of that.

  • #12
    UE Antagonizer Fumigator's Avatar
    Join Date
    Dec 2005
    Location
    Utah, USA, Northwestern hemisphere, Earth, Solar System, Milky Way Galaxy, Alpha Quadrant
    Posts
    7,691
    Thanks
    42
    Thanked 637 Times in 625 Posts
    I tend to look at it from the other point of view. Let's say I've spent the last 10 years building up my website selling, whatever, let's say shoes, using a domain name aholeshoes.com. It's finally profitable and I'm getting some real buzz going. If I then found out someone had registered awholeshoes.com, which was redirecting people to zappos.com, I'd want that domain destroyed asap! It would clearly be using my brand name to funnel business to a competitor.

  • #13
    Senior Coder
    Join Date
    Jul 2009
    Location
    South Yorkshire, England
    Posts
    2,318
    Thanks
    6
    Thanked 304 Times in 303 Posts
    Quote Originally Posted by Fumigator View Post
    I tend to look at it from the other point of view. Let's say I've spent the last 10 years building up my website selling, whatever, let's say shoes, using a domain name aholeshoes.com. It's finally profitable and I'm getting some real buzz going. If I then found out someone had registered awholeshoes.com, which was redirecting people to zappos.com, I'd want that domain destroyed asap! It would clearly be using my brand name to funnel business to a competitor.
    That would be an entirely different scenario though. That's what I alluded to above. If the intent is to deceive, then all well and good. There is an obvious reason for stamping down on those types of registration. Same as with the squatters who take up free domains in the hope that they can make a whacking profit from them. All of those types do want screwing and screwing hard.

    However, if someone starts up their own site, with no intent of, (or any obvious form of), deceptive reason for choosing that name, then they have as much right, (in my opinion), to whatever name they choose as they please.
    Last edited by MattF; 02-23-2010 at 11:14 PM.

  • #14
    New Coder
    Join Date
    Feb 2010
    Location
    ahmedabad
    Posts
    17
    Thanks
    0
    Thanked 0 Times in 0 Posts
    before anyproblem u will get email. u have to responding that email...

  • #15
    UE Antagonizer Fumigator's Avatar
    Join Date
    Dec 2005
    Location
    Utah, USA, Northwestern hemisphere, Earth, Solar System, Milky Way Galaxy, Alpha Quadrant
    Posts
    7,691
    Thanks
    42
    Thanked 637 Times in 625 Posts
    Quote Originally Posted by MattF View Post
    That would be an entirely different scenario though. That's what I alluded to above. If the intent is to deceive, then all well and good. There is an obvious reason for stamping down on those types of registration. Same as with the squatters who take up free domains in the hope that they can make a whacking profit from them. All of those types do want screwing and screwing hard.

    However, if someone starts up their own site, with no intent of, (or any obvious form of), deceptive reason for choosing that name, then they have as much right, (in my opinion), to whatever name they choose as they please.
    Well it sounds like we absolutely agree then!

    And fortunately it looks like, based on the lawsuits listed on that cybersquatting website linked previously, the panel that fields these grievances, takes this kind of stuff into consideration.

    For example: An interior decorator registered californiacountry.com because he's use this term to describe his style. The California Farm Bureau publishes a newsletter called "California Country" and sued to take the domain from the decorator. The panel determined the decorator could keep the domain because he's not using the name to compete with or subvert the newsletter-- he has a legitimate right to the term.

    http://cybersquatting.com/index.php?...t01returnid=87


  •  
    Page 1 of 2 12 LastLast

    Posting Permissions

    • You may not post new threads
    • You may not post replies
    • You may not post attachments
    • You may not edit your posts
    •