Is taking someone's .com fair game?

33 replies
I don't think I'm gonna do this but here is the low down:

There is a pretty cool domain name which I wanted to use for a company name and when I looked up the domain - "xxxxx.com" is available. The issue is that someone already has build a company around that same name but with a "xxxxx.co.uk" to it, and it's also within the same market I'm pursuing.

What do you guys think I should do? I was thinking that if this other company really wanted to protect their brand they would have bought the ".com" to their name.

I don't know much about the UK but aren't .com's just as valuable as .co.uk??
I live in California by the way.

And is buying the "xxxxx.com" and going into the same market fair game? I see people do it all the time yet I'm not sure about doing it myself.

Any input would be appreciated.
#fair #game #taking
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    • Profile picture of the author Chris Chicas
      Originally Posted by Ace Of Shirts View Post

      Is it a physical product or a service that people in the US aren't likely to order from a company in the UK?
      It's all online services, and all of their clients are based in the UK.
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    • Profile picture of the author TheSpokesman
      My take on it is pretty simple: if they failed to purchase the .com that's their bad. I don't think it is being unscrupulous at all to purchase any domain name that is available. Now, as for how you use that domain name...well, I guess there are aspects to this that run deeper than the surface issue.

      Here's a thought: buy it and flip it to 'em.
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      • Profile picture of the author Fernando Veloso
        I wouldn't touch it with a stick.
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        People make good money selling to the rich. But the rich got rich selling to the masses.
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  • Profile picture of the author sbucciarel
    Banned
    .com's are normally worth more than .co.uk. People who register .co.uk usually are targeting the UK. Is that the case with this site?

    Obviously, since it's available, they could have registered it if they had wanted it. Is is trademarked in the US? Is there an International trademark registered?

    I think those are questions I would get answers to before registering.
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    • Profile picture of the author Chris Chicas
      Originally Posted by sbucciarel View Post

      .Is is trademarked in the US? Is there an International trademark registered?
      It's not trademarked and they only have an .LTD (UK's version of an LLC).

      It's odd that a successful company like them that deals with an internet related business would not protect their .com. - I think it just flew by them.

      And no, I'm not looking to buy it and flip it to them, that would be evil. :p

      The only reason I wanted this .com is because of the catch phrase by which I'm building my business model.

      And if I do acquire it I"m pretty sure that I can outrank them which also would be pretty evil.
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      • Profile picture of the author Claire Koch
        My grandfather used to say all is fair in love and war. Sometimes I think internet marketing can be like war 8-) All these years I never saw anyone say is it fair to order my domain? You should be screaming oh my gosh, oh my gosh, its available everybody do the chicken dance. ROFL. Next rule of thumb never search for a domain and come over here asking questions. You are gonna be one lucky duck if that is still available. RUn do not walk .... its an asset a commodity.
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      • Profile picture of the author Alexander K
        Originally Posted by Christiani View Post

        It's not trademarked and they only have an .LTD (UK's version of an LLC).

        It's odd that a successful company like them that deals with an internet related business would not protect their .com. - I think it just flew by them.

        And no, I'm not looking to buy it and flip it to them, that would be evil. :p

        The only reason I wanted this .com is because of the catch phrase by which I'm building my business model.

        And if I do acquire it I"m pretty sure that I can outrank them which also would be pretty evil.
        You're not stealing their idea, you came up with all of this yourself, so be happy they didn't take the .com and go for it.

        This is like saying, "Hey, I was going to go in to the hat business, but gosh darnit, I just found out someone else sells hats in town. I don't want to be evil and start selling hats too!"

        Well, maybe it isn't exactly like that, but get the idea? If you have a business idea, go for it. That's completely different than seeing their idea and copying it.
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      • Profile picture of the author davezan
        Originally Posted by Christiani View Post

        It's not trademarked
        Registration isn't required for a trademark to exist as long as somebody uses it
        as a trademark (a.k.a. common law trademark). If they are using the term/s to
        advertise their services, then they virtually have a trademark. (or service mark
        in this case since you said it's for online services...)

        As sbucciarel said, they likely got only the .UK version to mainly target the UK
        segment. It will be arguably a shame for them if they didn't get the .com also.

        Finally, be aware that trying to sell a domain bearing its trademark namesake
        to its mark holder can be a ground for cybersquatting. An idea there is you've
        seen their trademark (even if it's not formally registered), then registered that
        domain name bearing it to profit off of them for that.
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        David

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  • Profile picture of the author HypeText
    Originally Posted by Christiani View Post

    I don't think I'm gonna do this but here is the low down:

    There is a pretty cool domain name which I wanted to use for a company name and when I looked up the domain - "xxxxx.com" is available. The issue is that someone already has build a company around that same name but with a "xxxxx.co.uk" to it, and it's also within the same market I'm pursuing.

    What do you guys think I should do? I was thinking that if this other company really wanted to protect their brand they would have bought the ".com" to their name.

    I don't know much about the UK but aren't .com's just as valuable as .co.uk??
    I live in California by the way.

    And is buying the "xxxxx.com" and going into the same market fair game? I see people do it all the time yet I'm not sure about doing it myself.

    Any input would be appreciated.
    They are in Europe and you are in the US so their doesnt seem to be a conflict unless you are planning to do business in their backyard.

    If you are going to do business in their market then keep in mind that there is always the potential of losing clients to them because the clients might be confused by an identical company name.
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  • Profile picture of the author ezmystic
    I'm in UK and .coms are just as valuable. Buy it and flip it, but don't hold them to ransom karma will bite you in the butt
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  • Profile picture of the author ezmystic
    by the way .com, .co.uk, .org, .net, .tv, .biz are all very valid in UK
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  • Profile picture of the author GoldPro
    Technically, it isn't their .com since they have not registered it.
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  • Profile picture of the author iRunThis
    If they're a successful company, I would buy the .com and offer to sell it to them. Building a business around it would be more evil than giving them the opportunity to purchase it off of you before you build a business around it. :p
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  • Profile picture of the author Cash37
    I'd kindly email them and tell them to buy the .com then Id change my name.
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  • Profile picture of the author netguy12
    FAIR GAME....nuff said.
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  • Profile picture of the author travlinguy
    It's for sale in the open market. Buy it if it makes sense. I've let really good domain names go only to have them snapped up later. That's life.
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  • Profile picture of the author George Wright
    Buy the name right now. Then tell us the name. Then and only then can anyone really answer your question with any degree of usefulness.

    George Wright
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    "The first chapter sells the book; the last chapter sells the next book." Mickey Spillane
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  • Profile picture of the author ryuchi
    I don't see much reason not to buy the .com. It just happened that you thought of the same name as theirs. They did not even bothered to buy the .com version so its fine. No one owns the name yet as the domain is still available. Go for it!

    Ryuchi
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  • Profile picture of the author goindeep
    Buy the friggin thing and sell it to them!
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  • Profile picture of the author Jake Draper
    Hmm, How about you buy it then you trademark it here in the U.S? that way you'd be safe? that would be evil
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  • Profile picture of the author Ben Gordon
    I would suggest to buy the domain name. Build a small business around it, compete with them and offer them the domain for $x,xxx. Chances are, if they're a large company and they're running into competition, they'll buy the domain off you for a large amount of cash.
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  • Profile picture of the author Don Luis
    Banned
    Consult a lawyer first!
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    • Profile picture of the author John Romaine
      Warrior forum, where we discuss legal matters.
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      • Profile picture of the author Brendan Vraibel
        Originally Posted by ramone_johnny View Post

        Warrior forum, where we discuss legal matters.
        With so many lawyers at our disposal, what else would we talk about?
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        • Profile picture of the author netguy12
          Originally Posted by Brendan Vraibel View Post

          With so many lawyers at our disposal, what else would we talk about?
          Buhahaha, thats pretty dam funny.
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  • Profile picture of the author OO
    Yes consult an attorney would be your best bet IMO. Legal trouble can get expensive.
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    • Profile picture of the author Chris Chicas
      Originally Posted by OO View Post

      Yes consult an attorney would be your best bet IMO. Legal trouble can get expensive.
      Yes, eventually that's what I'm going to do - consult with an attorney and see which name I can use for an LLC.
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      • Profile picture of the author Daniel Evans
        Rest assured, the flipping idea is a not a realistic one.

        Businesses just don't buy domain for hundreds or thosaunds of pounds after it was there for the taking previously for a mere £5. It just don't happen as much as domain squatting fairytales might suggest.

        If they wanted the .com they would already have it.
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  • Profile picture of the author Peru101
    I honestly would stay away because of trademarks and all that.
    Big company with deep pockets = big legal trouble
    What if they decide to get it trademarked later on?
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