Am I Cybersquatting or Typosquatting?

[Fred Mercury]

I own the website my#example.com/

and I was recently approached by the owner of #example.com and he claims I am cybersquatting because he owns the trademark #example.com.

I dont believe I am cos they are different domains.

Have any of you people got any info on this?

thanks Fred

[edited by: Webwork at 3:31 am (utc) on May 16, 2006]
[edit reason] Charter [webmasterworld.com] [/edit]

[LifeinAsia]

First bit on info- don't post your own URLs- it's against the ToS.

Second, if he's got an actual copyright, I'd say you're not in a strong position. You could probably get away with it if your site was about a completely different subject (like the dell.com vs. dellwebsites.com). But I really don't see that with your domain.

[Moosetick]

The one thing you have going for you is the fact that most registration services offer slightly different versions when the one you try to register isn't available.

Many here have tried to register widgets.com only to find it taken but then was suggested mywidgets.com, widgetslive.com, widgetsonline.com, officialwidgets.com, etc. If it was cybersquatting by default then they wouldn't make such suggestions.

What does the owner want you to do?

[jbgilbert]

You need to read the "cybersquatting" law.

Cybersquatting (as defined legally)[and I paraphrase heavily] basically has to involve "ransoming or '''intent''' to re-sell" the domain to a "particular entity" at greatly inflated prices.

[davezan]

In cases like these, it's the usage of the domain name that'll spell the difference. So if your domain name's usage is similar or related in any way to what the trademark party is known for, then yes you could be in trouble.

Incidentally there are at least 2 mediation rulings of this exact nature. And both were ruled against the registrants.

And since you already mentioned the sites in question (which you shouldn't have), I took a look at them. The other site trademark's been filed and registered since 2000, and your domain name came 6 years after.

Coupled with the domain's usage having a similarity to the other, you're definitely going to lose this one.

[Demaestro]

If you registered your domain before he registered his trademark then you can argue "prior art", if that is the case then you are good.

Another thing, do you have your own unique site up? If you do then you cannot be called squatting.

Also I think your use of the word "my" in front of the title may give you some other arguments.

If someone has "example" trademarked I see no reason you can't have a "myExample" without infringing on his trademark.

My advise don't be bullied into thinking you are or have done something wrong (unless you have). If he wants to make a stink about it see how far he will take it, but I don't feel you have much to worry about. Even if he wants to pursue this it will cost him much time and effort and that won't guarentee him a victory, just a chance for someone to hear his claim.

If you have a site up and are planning things with that domain then just go forward.

Also are you in the USA? If not then he will have a hard time enforcing his trademark across borders.

Edit** I looked at both your sites, and to be honest yours is the nicer one, I would say you are on the verge of out SEOing this guy, if you can successfully then maybe after he has no traffic he will make you an offer. Another thing I noticed is that yours is more of a blog. You don't seem to be selling anything where as his site is all links to buying Viagra and what not. You could argue that your site is not a commercial entity and mearly a "diary" styled page.

[davezan]

You could argue that your site is not a commercial entity and mearly a "diary" styled page.

I was actually thinking the same thing. But I've yet to find even a UDRP with this "type".

Who knows? First time for everything, after all. :)