Is this Legal - Trying to Register a Domain Name thats almost like my competitors.

14 replies
I tried to delete this thread i donno how but thanks my question was answered
#competitors #domain #legal #register
  • Profile picture of the author ONEWOLF
    No, this is not illegal, but this strategy is very smart.

    EMD's are ideal from an SEO perspective and most believe having your KW in your URL is a must for high rankings. Every effort in SEO is like a grain of sand, but some grains are bigger than the others and EMD and aged domains are big grains. If you can not have the EMD, something close is better than nothing. Why not get both EPGdiecasting.com and EPGdiecasts.com. One letter off from your EMD is better than two?
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  • Profile picture of the author ankur sharma
    are you kidding me? This is completely illegal. Dont do this.
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    • Profile picture of the author pacelattin
      Originally Posted by ankur sharma View Post

      are you kidding me? This is completely illegal. Dont do this.
      Uh, even if it was Trademark infringement its not "ILLEGAL"

      Generally something illegal means in violation of criminal law.

      Trademark infringement is generally civil law in the United States.
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      • Profile picture of the author kindsvater
        Originally Posted by pacelattin View Post

        Uh, even if it was Trademark infringement its not "ILLEGAL"

        Generally something illegal means in violation of criminal law.
        This is 100% not true.

        Trademark infringement is illegal. If something is against the law, whether civil or criminal, that makes it illegal.

        Pace, I'm getting tired of having to clean up your bogus legal statements on the forum today, and I've already received a complaint.

        .
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      • Profile picture of the author davezan
        Originally Posted by pacelattin View Post

        Uh, even if it was Trademark infringement its not "ILLEGAL"

        Generally something illegal means in violation of criminal law.

        Trademark infringement is generally civil law in the United States.
        I guess you haven't heard of the Anticybersquatting Consumer Protection Act or
        ACPA then. Look it up.

        (Heh, looks like Brian was faster since he posted just before I did.)
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        David

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  • Profile picture of the author ankur sharma
    If you will take this domain name. You will not be able to use adwords. The original company will be sending you legal notice anytime, they want.

    I have seen people having tough time in responding to these sort of legal letters.

    Here's the scenerio, you build website around it. You spend $200 to $500 on building backlinks, writing articles. But, after a 3,4 months, you will get a notice to transfer this domain to original company. If you will not respond, your web host will get email "Take this domain down or we will sue you". Your webhost will vipe your domain away in seconds.

    If you go ahead and host your domain on some chinese servers. Be ready to get into legal issues. However, some blackhat marketers cover their tracks so much, they get away with this. But, still, you are starting out. Trust me, its not worth the risk.

    Hope this helps
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  • Profile picture of the author ONEWOLF
    I think my fellow warrior, Mr Sharma, is getting confused between trademark and domain name. You can not register a company's TRADEMARK as a domain name. But you can register domain names that are similar to your competitors, again as long as the domain name is not trademarked.

    Here is an example: Google Car.com. You will see that there is a Car.com and cars.com. These are two separate companies with very similar URL's and in the very same business. Search home.com vs homes.com or food.com vs foods.com...very similar scenario. Both exist as completely different entities competing in the same niche with very similar domain names.

    In summary, do not impinge on someones' trademark, but registering a domain name that is similar but not exact is done every day and is not illegal per se.

    I would not recommend registering the URL and than directing it to your main site. Google frowns upon this. In stead, secure the name and develop the site with great content and build links pointing to your main site.
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    • Profile picture of the author ankur sharma
      Originally Posted by ONEWOLF View Post

      I think my fellow warrior, Mr Sharma, is getting confused between trademark with domain name. You can not register a company's TRADEMARK as a domain name. But you can register domain names that are similar to your competitors, again as long as the domain name is not trademarked.

      Here is an example: Google Car.com. You will see that there is a Car.com and cars.com. These are two separate companies with very similar URL's and in the very same business. Search home.com vs homes.com or food.com vs foods.com...very similar scenario. Both exist as completely different entities competing in the same niche with very similar domain names.

      In summary, do not impinge on someones' trademark, but registering a domain name that is similar but not exact is done every day and is not illegal per se.

      I would not recommend registering the URL and than directing it to your main site. Google frowns upon this. rather secure the name and develop the site with links pointing to your main site.

      Ha ha, thanks for clearing it up my friend. Yeah, i agree, if it isnt trademark, there is no issue in this process.
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  • Profile picture of the author Charles Jones
    YES, do NOT register trademarked terms in ANY URL (you will get sued and rightfully so). There is no legal issue with registering a similar URL to a competitor as long as it is not infringing on his trademark.

    The above example is absolutely correct - car.com and cars.com are different and fair game.

    Here is another one and this is not illegal either - AA bonding and AAA bonding..... people did this back in the day to get listed 1st on the page in yellow pages...not illegal, but not always the smartest.

    Really I think a better use of your time would be to run them off Google page 1 by SEO and keywords. This way seems to be trying to "steal" traffic and might just piss people off. Kill them off by search results...much better.
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  • Profile picture of the author Scott Burton
    Originally Posted by matrixv View Post

    Can I register a available domain name if its almost exactly like my competitors. I just want it to forward to my website. the only difference is there is an ING in the end. Its almost alike as you can see..

    Example. Competitors name

    EPGdiecast.com

    I want to register
    EPGdiecasting.com

    Legal?
    I would advise against it...

    But if you're going to do it anyway. I would at least recommend:
    1- Consult legal counsel
    2- Have a trademark search run on the name.
    3- realize even if the trademark search comes up empty... And your legal counsel tells you that you "should" be fine... It could turn into a courtroom battle. And then, how much did you earn from the domain, versus what you could be hit with in court costs PLUS any awarded damages.

    I don't want to be a 'doomsayer' but you asked for input. Is it legal? That's really a question for legal counsel, not a marketing forum... But if the trademark search says NO TRADEMARK... then you MAY be technically legal. But even if technically legal, you can still lose a lot if it goes before a judge, and even worse, a jury...
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  • Profile picture of the author Blindbiz
    I have been sued in federal court for a URL that I got in 1996 It was Allamericanblinds.com We manufacture blind cleaning equipment. A company that sold blinds was AmericaBlinds.com sued me in federal court. Even though I had the URL well before the August 1999 time line set by Congress. They don’t have to be correct to sue you. To walk in Federal court it cost $50K and you must have a lawyer. I changed my name.
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  • Profile picture of the author bloomingrose
    I am curious about the question that was posted about using the name + review. (Alpodogfoodreview.com)
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