Competitors ripping off my domain name titles, using as their course titles - ideas?

Depends what your domain names are.

If you don't want to give out your specific names here that's fine... but know this, there are some pretty open rules for naming products/services depending on your own keyword choice.

Your only legal option, and the smartest move, is to talk to a lawyer who will send a formal C&D.

While it's certainly an unfortunate situation, you should be aware that copyright law does NOT apply to names of original works, only the work itself. If you want legal protection for a name, you need to get it trademarked.

Not only will anyone who knows the basics of copyright/trademark law call you on this, but you also open yourself up to litigation by claiming you own the legal rights to a name when in fact, you don't.

Disclaimer: I'm not a lawyer, and you should see one before sending out any notice or claim of ownership.

Hi - yes I've gotten a couple of trademarks over the years; as well as owning site names in usage in commerce. Good point re talking w/IP atty.

Hi Ken,

If this is just annoying you: Get over it.

If this is really costing you money: Hire a good attorney.
(The initial consultation is usually free so you can find out whether
it is smart to hire one or not. I am not an attorney, just telling my experience.)


HP

You cannot copyright a domain name or a title. You can trademark it though. If you own the Trademark, and somebody else is using it in a way that would make people think it is your product or service, then by all means, hire a lawyer.

You cannot protect a "Title". That's why there are many different songs with the same title. That's why there are many books with the same title. You can ask them not to use your title as a favor, but they have every right to use the same title you're using.

Nothing illegal about it, if the names of their products do not include the .com, or are a different spelling, then it's just the price of doing business.

I can open a fast food joint, and make a two all beef patties, special sauce, lettuce, cheese, pickles, and onions on a plain bun sandwich, and call it a Big Mak. McDonalds has no recourse. Product is different, name is different, no copyright infringement.

It sucks, but I'm fairly certain that there is nothing you can do, other than ask them not to do it.

Ken

I remember when you first got into the video marketing aspects of your products many years ago. I would see some of your videos when you were first setting up your video studio. I think you were even the one that turned me on to the old visual studio but the bigger package with the cool effects.!!! sorry for being nostalgic


we do alot of rep management in the offline world and your concerns valid

unfortunely as any business grows there will be a point depending on which vertical your working in that you may need to hire an inhouse person

or a service and that job is to protect your online assets by sending out the Cease and desists and take down notices.

as little as a few years ago this could be ignored as just part of doing business but not any more.

in todays "short attention" climate where someone can click on a product that appeared to be yours and you lose sales.


here is a recent example of a large brand even playing this game trying to hurt a smaller up and coming brand.

http://screencast.com/t/VwX7SQdpoAS7

this will indeed hurt your brand

so its worth the few hundred dollars per month to aggressively put these guys down.

you will NOT stop it all but you can keep it manageable

there is a fellow warrior I think its hector from the evergreen webinar system and he provides a pretty good service.

anyway good luck and I hope 2013 your biggest year ever

eddie

I think you would be better off approaching them and trying to sell them the domain, otherwise your just hoarding domains for no reason that other people could be using.

The key to beating competition is being better. That's a harsh reality of business, but it does need saying. If someone out there is doing something 10% better you have to step up to the plate. If your competition is mediocre you have nothing to worry about and can keep the Lawyer's fees in your interest bearing account to make some compound interest. Litigation usually leads to stress which leads to death. Then the competition really has beaten you.

I got sued in the WPTO arbitration forum and I won.
I learned a lot about trademarks and it cost me nothing.
The bottom line is if the names are generic, than you are out of luck unless you apply them to something that has absolutely nothing to do with the generic name.
Example, I own CubicZirconiaJewelry.com, and if i were to use it to sell cars, than it would be pretty strong because I would be building a name brand.
However, if I sold jewelry, than I would not have a trade mark, if not an extremely weak trade mark.
Post a couple of names for some analysis.

I wonder though:

If someone uses your domain name for the name of one of their products, could that possibly bring more visitors to your site.

Meaning, when people do a web search for that other person's product name or keywords, they might find your site instead = more traffic.

I guess you would notice a change in traffic (good or bad) to your site once their product was released. It might depend on factors such as SEO and keywords you are using for your site.

Might be worth analyzing to see if that situation is helping or hurting your site ...

Hi - in my case I've had to (successfully) send C&Ds and/or I've taken legal action against people who infringe my marks, for those that are trademarked unique names in similar industries. For others, for example if I have a site that's uniquely named, that I've owned for many years, say since 2006, as in "(uniquenichename)Mastery.com" that I own, and I've used it for many years.

I've routinely had to have my attorneys send C&Ds to competitors who try and infringe on my trademarks, and/or take legal action, though I'd like to avoid having to do that since it's time consuming. Even though I win, my loss-of-time is something I'd rather avoid.

I'm always polite at first, to explain why I'm concerned that their using my site name (that's in the same niche, selling the same type of info-product), as their new course title, would cause confusion in the marketplace. I like to take the high road, and be polite and professional; but I do vigorously protect my marks, brands and titles. I understand that domains/site names vs titles aren't as clear-cut as trademarks, though if a domain has been used for selling within an identical industry niche, and it's a unique name (mine is), then there's still IP rights that the domain owner has. I've got a call scheduled Thursday with one of my IP attys to followup on suggestions.

Personally before launching a new product, or course, I always check with google search to make sure nobody else has already created an identical- or similar-sounding product/service, and also check with the USPTO tess database and whois domain registry, to make sure the title's as "clear" as possible, before creating a new product or service. You'd think others would do that.