Difference between Example.com and Examples.com

Issues aquiring generic domain

[DrDiggla]

I am interested in aquiring a generic domain name for my fathers company. Aside from all the challenges associated with this including contacting owner, negotiating terms etc, I have some legal questions.

I will use an example to illustrate my point as to not give away the actual domain I'm pursuing.

So if Example.com is owned by an "example review site" and I wanted to aquire Examples.com and also do an example review site, would there be anyway for <the other site to come after me>?

Thanks and I'll elaborate if further questions arise.

[edited by: Webwork at 8:43 pm (utc) on Mar. 24, 2009]
[edit reason] Charter and TOS [/edit]

[Webwork]

Hello DrDiggla. Welcome to WebmasterWorld and the Domain Forum.

I'm sorry to advise but I don't think we'll be of much help to you.

As stated in the Domain Forum Charter (link at upper left):

TRADEMARKS AND LEGAL ADVICE:

1. Posting domain name details is a violation of the Charter of this forum, yet, such details are what competent legal counsel would insist on knowing before offering advice.
   
2. There are hundreds of jurisdictions, each with their own variation of intellectual property and trademark law.
   
3. Statements made in public forums can and will be used against their maker.
   
4. Trademark holders can search domain forums for threads triggered by their communications. Declaring "I was just contacted by a lawyer about a domain . . " can signal "This thread was started by the person you just called." See #3.
   
5. Money judgments for cybersquatting, trademark violations and other intellectual property wrongs can bankrupt people and companies.
   
6. Threads that involve personal legal or trademark issues inevitably lead to the same conclusion: "We are neither qualified nor sufficiently informed to offer competent legal advice. Talk to a lawyer".
   

For these and other good reasons, from this point forward [webmasterworld.com], the Domain Forum will no longer host threads related to any individual's or any company's domain trademark issues. The only place to seek opinions concerning specific legal matters, such as the ability of any party to assert trademark rights or defend against such a claim, is a law office in the proper jurisdiction.

Generalized discussions about legal issues not specific to a member's circumstances, discussions about finding or using authoritative government sources (USPTO.gov, Patent.gov.uk, WIPO, etc.), or discussions concerning significant WIPO, ICANN or court decision are proper material for discussion.

If someone posts a legal issue thread, wherein they state that they have been contacted by legal counsel for "the other side" the only advice that should be given is to strongly encourage the person to stop posting details in public forums and to immediately seek a private consultation with a lawyer.

I would suggest you consult with a lawyer in your home country, who may advise you that there a multiple jurisdiction issues, etc.

You may also get some value from reading WIPO and National Arbitration Forum decisions in domain name dispute cases.

[DrDiggla]

I see...my appologies.

[Webwork]

None warranted. It's always a bit of a disappointment on my end when we are unable to meet a newcomer's expectations. :(

It's both wise not to mention specifics in public forums and unwise to seek counsel without providing specifics.

Also, those counseling you within webmaster forums are unlikely to be lawyers and woefully inadequate to the task of counseling.

A much better approach to any serious business venture is to start with solid legal, accounting and other advice. Not cheap but usually worth the price.