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Possible UDRP?

by Dave Guiri
4 replies
Hi guys,
Just picked up a new domain name a few days ago and was getting all set to start putting content on the site when i found out (rookie error) there is a very similar website out there already. I've had a read of a few discussions relating to this but still seem unsure if i can use my domain.

All the words are generic and i cannot find a registered trademark with the name even thought the website has the usual ©xxxxx.com in the footer.

Currently the other site is an agent for one company whereas i was to setup a review site.

To give you an example:
Eg. If the domain i bought was motorinsurancelondon.com and found out that the domain motorinsurance-london.com was already registered, would it matter or would i have problems down the line.

Thanks
#udrp
  • Profile picture of the author salegurus
    Not sure i follow, how can you register "motorinsurancelondon.com" if it's
    already taken?
    Or did you mean "motorinsurancelondonreview.com"?
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    Think of how stupid the average person is, and realize half of them are stupider than that.

    ― George Carlin
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    • Profile picture of the author davezan
      An important thing is to try avoiding using the domain name to "confuse" users
      with its trademark namesake, if any. Of course, it's not always easy given that
      trademarks don't have to be registered to exist.

      Try a Google search to at least give you an idea. Generally generic or common
      words can't be used in their descriptive sense, although they can become such
      if used in a distinctive context or outside what they are commonly known for.
      (e.g. shell is descriptive as a mollusk yet distinctive for petroleum products...)

      IANAL.
      Signature

      David

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      • Profile picture of the author Bill Farnham
        This isn't legal advice, but generally the copyright notice in the footer is to remind folks that the content on the site is copyrighted. That is a different issue than the domain name which cannot be copyrighted but can be trademarked.

        A bigger downside for you may be confusion on your visitors' part as to which website they thought they went to. If the other site has good rankings they will likely see that website in the serps instead of yours if they do a search for the site.

        Try and do a Trademark search and if you see a Trademark for that domain name and it is related to the same field your website is about my advice would be to pick a new name.

        ~Bill
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  • Profile picture of the author Dave Guiri
    Thanks for the replies. If my site becomes live there will definitely be confusion for customers. There is no trademark registered for that name so i assume the copyright in his footer covers only content.

    I think i will just put this one down to experience and sit on the domain for now. The other website only started April this year so maybe it will not last. I'm only starting out in IM after years as a DB programmer so its all a learning curve right now.
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