Competitor Using My Domain & Product Names In Their Video Descriptions... Advice?

MikeHumphreys · 08-14-2009, 09:57 PM

Hey Warriors,

I have a new competitor in a non-IM niche who decided to upload a video promoting his business. Problem is he uses the same exact word order as 2 of my domain names.

One of the domains is also a product name of mine. I've owned both domain names for over 5 years now and the product has been on the market almost as long.

This competitor is giving me a bit of a run-around... says he'll change the descriptions if I can give him "sufficient" reason why besides my claim of copyright infringement.

After all, he can Google either domain name and find stuff that is not the same niche using the same word order... so he doesn't see the big deal.

Me... he's advertising to the same target market as my 2 sites, so I think it is a big deal.

Frankly, I'm getting really ticked over the situation... does anyone have any advice on how to get through to this guy to change the freakin' description on his video or is it time to contact my lawyer?

Thanks in advance,

Mike

Dan C. Rinnert · 08-14-2009, 10:25 PM

Please clarify... Is he using your actual domain name or just the words in the domain name?

In any case, you cannot copyright a domain name or a phrase. They might be protected under trademark law but not copyright law.

kf · 08-14-2009, 10:28 PM

Mike, You might find something helpful in this recent thread:
Rant: Don't Be an Internet Marketing Leech

MikeHumphreys · 08-14-2009, 10:33 PM

Quote:

Originally Posted by Dan C. Rinnert

Please clarify... Is he using your actual domain name or just the words in the domain name?

In any case, you cannot copyright a domain name or a phrase. They might be protected under trademark law but not copyright law.

He is using the same exact words that are in the domain. Basically, if you dropped the .com off the domain names, then it's the same exact word order.

One domain name is 3 words long. The other is 4 words long. One of the domain names is the same as a paid info-product of mine.

Hope that helps explain things a bit better.

Thanks,

Mike

LB · 08-14-2009, 10:39 PM

I would consult an attorney before contacting this guy again. You want to make sure you are on firm legal ground before making demands or it's HE who could have a claim against you.

There are simply too many variables to determine whether this involves copyright, trademark or any one of the many other possible applicable concepts.

You've contacted him and he's called your bluff. It's best to consult an attorney...if you are in the right, an attorney can often send a cease & desist for a small fee which is often times effective. I wouldn't make any other requests of him until you know for sure that you have leverage.

Floyd Fisher · 08-14-2009, 11:29 PM

Quote:

Originally Posted by MikeHumphreys

Hey Warriors,

I have a new competitor in a non-IM niche who decided to upload a video promoting his business. Problem is he uses the same exact word order as 2 of my domain names.

One of the domains is also a product name of mine. I've owned both domain names for over 5 years now and the product has been on the market almost as long.

This competitor is giving me a bit of a run-around... says he'll change the descriptions if I can give him "sufficient" reason why besides my claim of copyright infringement.

After all, he can Google either domain name and find stuff that is not the same niche using the same word order... so he doesn't see the big deal.

Me... he's advertising to the same target market as my 2 sites, so I think it is a big deal.

Frankly, I'm getting really ticked over the situation... does anyone have any advice on how to get through to this guy to change the freakin' description on his video or is it time to contact my lawyer?

Thanks in advance,

Mike

Absolutely contact a lawyer and find out what your options are.

Then sit in a dark corner and meditate on his advice, and decide what you want to do.

That is the best advice I can give you right now. Good luck.

warriortx · 08-14-2009, 11:33 PM

Quote:

Originally Posted by Dan C. Rinnert

Please clarify... Is he using your actual domain name or just the words in the domain name?

In any case, you cannot copyright a domain name or a phrase. They might be protected under trademark law but not copyright law.

I agree, thats my understanding after a little tiff with godaddy.

TommyBoy · 08-15-2009, 04:41 AM

I think a lot has to do with how common the 3 word phrase it. Is it possible he came up with it without knowing about your product? like "internet fast track" (no idea if that is a product) or it might just describe his video. But I don't think you can claim "word order" rights by just registering a domain.

CJLBW · 08-15-2009, 05:48 AM

If your competitor is displaying your URL, thank him. It's my understanding that mere titles do not have "copyright" protection. BTW, ideas don't have copyright protection either, nor keywords.

What you are describing is product "trademark." Is your product name a federally registered trademark and have you been displaying your registered trademark symbol? Researching trademark registration might help you plan your next steps. "Google" trademark process.

08-14-2009, 09:57 PM	#1
MikeHumphreys Copywriter and Marketer War Room Member Join Date: Apr 2005 Location: Philly Suburbs, USA Posts: 2,831 Thanks: 873 Thanked 776 Times in 406 Posts Social Networking	Competitor Using My Domain & Product Names In Their Video Descriptions... Advice? Hey Warriors, I have a new competitor in a non-IM niche who decided to upload a video promoting his business. Problem is he uses the same exact word order as 2 of my domain names. One of the domains is also a product name of mine. I've owned both domain names for over 5 years now and the product has been on the market almost as long. This competitor is giving me a bit of a run-around... says he'll change the descriptions if I can give him "sufficient" reason why besides my claim of copyright infringement. After all, he can Google either domain name and find stuff that is not the same niche using the same word order... so he doesn't see the big deal. Me... he's advertising to the same target market as my 2 sites, so I think it is a big deal. Frankly, I'm getting really ticked over the situation... does anyone have any advice on how to get through to this guy to change the freakin' description on his video or is it time to contact my lawyer? Thanks in advance, Mike
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08-14-2009, 10:25 PM	#2
Dan C. Rinnert I have a lame list. War Room Member Join Date: Jul 2008 Location: One Second into the Future Posts: 4,297 Blog Entries: 1 Thanks: 837 Thanked 2,307 Times in 1,028 Posts Social Networking	Re: Competitor Using My Domain & Product Names In Their Video Descriptions... Advice? Please clarify... Is he using your actual domain name or just the words in the domain name? In any case, you cannot copyright a domain name or a phrase. They might be protected under trademark law but not copyright law.
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08-14-2009, 10:28 PM	#3
kf Communi~Kate War Room Member Join Date: Jul 2007 Location: Geographically Independent Posts: 651 Thanks: 152 Thanked 128 Times in 44 Posts	Re: Competitor Using My Domain & Product Names In Their Video Descriptions... Advice? Mike, You might find something helpful in this recent thread: Rant: Don't Be an Internet Marketing Leech
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08-14-2009, 10:39 PM	#5
LB Original Warrior War Room Member Join Date: Oct 2003 Location: In the forest. Posts: 2,891 Thanks: 256 Thanked 461 Times in 202 Posts	Re: Competitor Using My Domain & Product Names In Their Video Descriptions... Advice? I would consult an attorney before contacting this guy again. You want to make sure you are on firm legal ground before making demands or it's HE who could have a claim against you. There are simply too many variables to determine whether this involves copyright, trademark or any one of the many other possible applicable concepts. You've contacted him and he's called your bluff. It's best to consult an attorney...if you are in the right, an attorney can often send a cease & desist for a small fee which is often times effective. I wouldn't make any other requests of him until you know for sure that you have leverage.
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08-15-2009, 04:41 AM	#8
TommyBoy HyperActive Warrior War Room Member Join Date: Aug 2009 Posts: 122 Thanks: 6 Thanked 9 Times in 8 Posts	Re: Competitor Using My Domain & Product Names In Their Video Descriptions... Advice? I think a lot has to do with how common the 3 word phrase it. Is it possible he came up with it without knowing about your product? like "internet fast track" (no idea if that is a product) or it might just describe his video. But I don't think you can claim "word order" rights by just registering a domain.

08-15-2009, 05:48 AM	#9
CJLBW Warrior Member Join Date: Aug 2009 Posts: 5 Thanks: 0 Thanked 0 Times in 0 Posts	Re: Competitor Using My Domain & Product Names In Their Video Descriptions... Advice? If your competitor is displaying your URL, thank him. It's my understanding that mere titles do not have "copyright" protection. BTW, ideas don't have copyright protection either, nor keywords. What you are describing is product "trademark." Is your product name a federally registered trademark and have you been displaying your registered trademark symbol? Researching trademark registration might help you plan your next steps. "Google" trademark process.