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What would you do?

by shintaiguy
23 replies
I have had an idea for a domain name that came from seeing another marketers logo, the thing is that it is very,very similar to another very well known if not famous marketers domain. I am all for working ethically and am considering contacting them directly and asking them what they think about it.

Or should I just use it and take any crap that comes.

I would be interested to hear what your views on this are?
  • Profile picture of the author nadal619
    I think it is better to contact them before you buy it.
    cause they can close you website and you don't want that.
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  • Profile picture of the author Same
    If it's really very very similar, and if these marketers are famous, I bet they'll not allow you to purchase this domain.

    But why? Why you need similar domain to big ones?
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    • Profile picture of the author shintaiguy
      Originally Posted by Same View Post


      But why? Why you need similar domain to big ones?
      I was just playing around trying to come up with a logo idea when it just popped into my head. I have no wish to copy anyone just looking for a great catch phrase.

      the domain is available as a .com

      am unsure what to do so thought I would ask in the WF
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  • Profile picture of the author JeremiahSay
    Are you planning to build a business with this domain for long-term? If yes, then try to contact them and explain to them what you intend to do with this domain, ask for permission if you're able to get that domain.

    If it's for short term use, I'd say go with it.. (Don't do anything illegal or stupid like copying content etc), and take it down as soon as you receive threatening emails. I won't recommend this route though, it's not ethical.

    Do what you think is right,
    Jeremiah
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    • Profile picture of the author shintaiguy
      Originally Posted by JeremiahSay View Post

      Are you planning to build a business with this domain for long-term? If yes, then try to contact them and explain to them what you intend to do with this domain, ask for permission if you're able to get that domain.

      If it's for short term use, I'd say go with it.. (Don't do anything illegal or stupid like copying content etc), and take it down as soon as you receive threatening emails. I won't recommend this route though, it's not ethical.

      Do what you think is right,
      Jeremiah
      I wanted to use it for my own thing which is long term and had no intention of copying content etc.

      Thanks for your advice though Jeremiah
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  • Profile picture of the author Lloyd Buchinski
    It could go either way. What if you become well known and he or she winds up in jail for a high profile internet fraud case?
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    • Profile picture of the author shintaiguy
      Originally Posted by Lloyd Buchinski View Post

      It could go either way. What if you become well known and he or she winds up in jail for a high profile internet fraud case?
      Thats an interesting concept Lloyd!

      Love the bluegrass joke
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  • Profile picture of the author bassem
    i think there is no risk in using a similar domaine if the content is different !
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    • Profile picture of the author shintaiguy
      Originally Posted by bassem View Post

      i think there is no risk in using a similar domaine if the content is different !
      Thanks Bassem I had not thought of that!
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  • Profile picture of the author Taost
    If the .com is available, not very likely that they would have a claim as long as the logo doesn't infringe on any copyright/trademarks...
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    • Profile picture of the author shintaiguy
      Originally Posted by Taost View Post

      If the .com is available, not very likely that they would have a claim as long as the logo doesn't infringe on any copyright/trademarks...
      My idea was a totally different concept so I think I would be safe in that area.
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  • Profile picture of the author orlandosharessat
    Hi Shintaiguy,

    I would be very cautious about using anything that remotely resembles something someone else has already used. There is a lot of really good advice here and they all bring valid points to the table. My personal thought is create something totally unique and brand your own look and catch phrase!

    It will make your business much more marketable and easier for people to associate to just you. These days it is so easy to get a really good logo created check with some of the graphic designers at sites like Fiverr or Elane...

    So my personal opinion would be stay away from using something similar to someone else's design altogether, it will also help prevent people from confusing your logo and business with theirs. Hope this helps!
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    • Profile picture of the author shintaiguy
      Originally Posted by orlandosharessat View Post

      Hi Shintaiguy,

      I would be very cautious about using anything that remotely resembles something someone else has already used. There is a lot of really good advice here and they all bring valid points to the table. My personal thought is create something totally unique and brand your own look and catch phrase!

      It will make your business much more marketable and easier for people to associate to just you. These days it is so easy to get a really good logo created check with some of the graphic designers at sites like Fiverr or Elane...

      So my personal opinion would be stay away from using something similar to someone else's design altogether, it will also help prevent people from confusing your logo and business with theirs. Hope this helps!
      Thanks for your input a lot of folks here have raised some points that have really made me think. The design of a logo does not come into it just that the domain is very close thats all, I have my own ideas for a logo.
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  • Profile picture of the author rusty1027
    If they haven't bought it, and if it's very, very close - but not their exact name - go ahead and buy it.
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  • Profile picture of the author IMSince2003
    It's a judgement call, IMO. Similar, but not exact probably would not hold up in court. Asking for permission is just asking for trouble. After all, what would possibly make them say yes?
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  • Profile picture of the author savvy linguist
    In my humble opinion, to be more safe, I think you need to contact them.

    Just tell them about your plan and be honest.

    Anyway, more power to you and to this plan.
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  • Profile picture of the author JamesColin
    Banned
    We don't know as much as you do, for instance we have no idea what you're talking about specifically, how close of what, etc..

    So that was my best answer.
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    • Profile picture of the author shintaiguy
      Originally Posted by JamesColin View Post

      We don't know as much as you do, for instance we have no idea what you're talking about specifically, how close of what, etc..

      So that was my best answer.
      I was asking if you had a domain idea that was very similar to another famous marketers and it was available would you use it or not?
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      • Profile picture of the author wtatlas
        If your website is going to be in the same line of business as that of the "very well known" marketer then there is every chance that some of your visitors will confuse you with the other person and maybe wonder if you are associated. They might even think that you are deliberately trying to dupe them. Peronally I would want to avoid this sort of situation and I would go for another name that I could brand and make my own.

        If you're in a completely different niche then it wouldn't matter.
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  • Profile picture of the author Randall Magwood
    If there's an opportunity to choose a different domain name, that is still relevant to your niche and product.... i would go down this route. The bottom line is targeted traffic. Without this, it doesn't matter what your domain name is. Dont let the site make you, YOU make the site.
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  • Profile picture of the author FIP
    Shintaiguy

    Personally i'd go straight to the source. Be upfront. Demonstrate your ethics. If they refuse so be it.
    You also create an opportunity for a connection - no matter how small on some level.
    Call it goodwill or good business practice.

    Of course you cannot control their response or how they act/react...

    But you sure can control yours.

    Goodluck!
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    • Profile picture of the author EntrepreneurDude
      Does it break any trademarks/etc? No? Use it.
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