1. Keyword (i.e. widgets.com)
2. Paired Keywords (i.e. freewidgets.com)
3. Keyword Plus Generic Descriptor (i.e. widgetspace.com)
4. Keyword Plus Offbeat Descriptor (i.e. widgetrebels.com)
5. Keyword Plus Unique Descriptor (i.e. joeblowwidgets.com)
I feel that the first two examples are fair game for anyone to register any open extension of. I also feel that examples four and five are unique enough that no one else should be registering open extensions of that name with the intention of profiting from it. (That's my opinion, would love to know where domain resolution policy stands on the latter two.)
Example three for me is a grey area and one I am curious about. Is widgetspot, widgetplace, widgetworld fair game for anyone to register extensions of without worrying that someone may come after you for the domain?
Lately I have been seeing a lot of very popular file hosting and online gaming sites with names that fall in this third group. When I see these site names, I always wonder about the domain.
Do they just not care that other extensions of the name might get registered, or do they believe they can get the other registered extensions through the UDRP if necessary?
Does a quasi generic domain name by becoming popular gain common usage trademarks that would give that domain holder rights to the extensions elsewhere if those extensions were registered after the more popular site. Should these names have rights, or does taking a generic enough name mean that you'll never be able prevent other people from using that name in different extensions?
For instance, the 2 websites may have a common name, especially if it's generic one and relates to a generic product and service, but does it end there OR did the aftercoming domain/website also attempt to mimic the design (color, logo, etc) of the "first" site "for the purpose of causing confusion"?
That's just the start. Then you have the question of different rules in different jurisdictions.
Then you have the issue of jurisdiction itself: Which court has jurisdiction over the parties?
Due to the plethora of issues you then have the issue of cost. There may be something to fight about but is the detriment of "not fighting" so great that the cost "of fighting" is financially justified. Many legal issues are never pushed to court simply because the investment of resources is not justified.
To be a bit more direct, in your hypothetical I would think that the more unique the pairing of the subject - the generic "widget" - with highly unique descriptors the greater weight that may be assigned to the interests of the first in line.
Widgets? No
BlueWidgets? No.
AllBlueWidgets? Likely no, as it's descriptive.
TangoDangosBlueWidget? I wouldn't want to be the next TangoDangos, but, JohnSmithsBlueWidgets? That might be a problem.
[edited by: Webwork at 4:25 pm (utc) on Aug. 17, 2007]
