9 {{ upvoteCount | shortNum }}
9 {{ upvoteCount | shortNum }}

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

by MikeHumphreys
8 replies
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
#advice #competitor #descriptions #domain #names #product #video
  • Profile picture of the author 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.
    Signature

    Dan's content is irregularly read by handfuls of people. Join the elite few by reading his blog: dcrBlogs.com, following him on Twitter: dcrTweets.com or reading his fiction: dcrWrites.com but NOT by Clicking Here!

    Dan also writes content for hire, but you can't afford him anyway.
    {{ DiscussionBoard.errors[1082617].message }}
  • Profile picture of the author kf
    Mike, You might find something helpful in this recent thread:
    http://www.warriorforum.com/main-int...ing-leech.html
    Signature
    Those who stand for nothing, fall for anything. ~ Alexander Hamilton
    {{ DiscussionBoard.errors[1082622].message }}
  • Profile picture of the author LB
    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.
    Signature
    Tired of Article Marketing, Backlink Spamming and Other Crusty Old Traffic Methods?

    Click Here.
    {{ DiscussionBoard.errors[1082638].message }}
  • Profile picture of the author Floyd Fisher
    Originally Posted by MikeHumphreys View Post

    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.
    {{ DiscussionBoard.errors[1082761].message }}
  • Profile picture of the author TommyBoy
    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.
    Signature

    "It's no use saying, "We are doing our best." You have got to succeed in doing what is necessary."
    -Winston Churchill

    {{ DiscussionBoard.errors[1083113].message }}
  • Profile picture of the author CJLBW
    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.
    {{ DiscussionBoard.errors[1083237].message }}

Trending Topics