adding 'the' to a similar name

[advantage]

If someone has widget.com, especially an apparently 'parked' widget.com, can I buy the name thewidget.com and safely build a web business around it? Or does the entire question revolve around whether widget.com is trademarked or not?

I've looked at all the backposts through page 78 and didn't see this question specifically addressed. Though there were lots of question on using a hyphen to get a domain name you liked, but was already taken.

A similar situation I'd guess.

[advantage]

I'll be more clear about what I'm aiming at:

I'm thinking of a website for businesses in towns in a certain area of the USA.

Say someone has www.cityexample.com, if I go ahead and register www.thecityexample.com am I absolutely asking for legal trouble?

There are only so many words available in the English language afterall. <snip>

Otherwise I wouldnt be using names that are terribly specific or unique ie: City + example + widget. My already long desired domain name would get longer.

[edited by: Webwork at 8:50 pm (utc) on Aug. 16, 2005]
[edit reason] Exemplified domains - please avoid real or likely domains [/edit]

[Webwork]

Hello advantage and welcome to WebmasterWorld. Interesting first question. Unfortunately, it's a question seeking your fellow webmaster's legal counsel - which is a proscribed practice (and likely why you didn't see an answer to your question in back threads).

Simple common sense (not a legal opinion, mind you ;0) suggests that parked, operational or otherwise - if the root of the domain has trademark issues then adding "the" won't make them go away. I'm certain Microsoft.com would not be lulled to sleep by TheMicrosoft.com.

I'd suggest you do a reading of WIPO decisions regarding domain names. It's quite an education. If you plan to invest in developing a website around a questionable domain you ought to run it past legal counsel.

Folks, let's not get too far into the legal analysis of whether "the" or any other additive word fixes anything. We all know how lawyers can make an issue of just one simple word.

[advantage]

Okay. I'd read similar questions in the 78 pages I went through essentially asking the same thing about adding a hyphen, or '123' etc without any dire warnings in the replies.

Microsoft is a unique word whereas <snip> "other words are more" generic. For example, I've seen alot of yellowpages trademarks with the only difference being who's yellow pages name it was. (one word difference bewteen many of them)

I'll do a more thorough search of the trademarks.

Am I correct in assuming the trademark is the only barrier to hurdle?

[edited by: Webwork at 12:36 pm (utc) on Aug. 17, 2005]

[Webwork]

advantage, you need to address legal questions to lawyers, not webmasters.

Other issues might include "passing off" type claims, common law trademark claims, deceptive practices claims, and so on. Some issues might arise or attach based upon how the domain is employed it, what graphics you employ on the website, whether you attempt to mirror another site or distinguish your site, whether you employ the same tld versus .info or .biz, what the State law is for the local directory area (versus federal law), whether that State has any unique trade or consumer issues, and on the list goes.

If you plan on making this website or website network your livelihood I'd suggest you consult with experienced legal counsel.

[MNsunshine]

Oftentimes, people or businesses trying to get the domain name equivalent (or one they think is equivalent) to their trademark (or a name they feel they have rights to) file UDRP complaints with WIPO or NAF. I might suggest reviewing the decisions on their websites to see how Panels have decided on similar issues in the past. This might give you an idea of what is considered "acceptable."

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