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am I Typosquatting?

         

Fred Mercury

10:45 pm on May 15, 2006 (gmt 0)

10+ Year Member



I own myexample.com and someone else owns example.com.

the owner of example.com contacted me to say that he has the trademark for example.com and therefore I am infringing or Typosquatting his domain.

I see it as two different domains, does anyone have any solid info on this?

thankyou

Fred

davezan

10:50 pm on May 15, 2006 (gmt 0)

10+ Year Member



Like I posted in the other thread (that mysteriously disappeard :)), it's the usage of the domain name that matters. If the domain's use bears any similarity or association to that of the trademark holder (especially if there any commercial hints), then expect trouble.

However, it can't be helped there are some parties who believe having a trademark gives them absolute exclusive use to the terms in question, especially if they have deep pockets to enforce that belief.

larryhatch

10:58 pm on May 15, 2006 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



A lot may depend on how unique 'example' is.

Lets say the other guy trademarked 'oranges.com' and you have 'myoranges.com'.
I don't think he would have much of a case. Oranges is just too generic.

On the other hand, if he trademarked 'jonesbearings.com' and you come up with
'myjonesbearings.com' after that, he could have a very solid case.

All disclaimers apply, I'm no lawyer, just my personal impressions. -Larry

bobothecat

11:02 pm on May 15, 2006 (gmt 0)



Why not do a search and see:

[tess2.uspto.gov...]

Fred Mercury

11:59 pm on May 15, 2006 (gmt 0)

10+ Year Member



Thx guys for your help,

I called here [uspto.gov...] and it turns that I was in breach of trademark, because we are in the same industry. If I were in a different industry I would be ok.

I think its ridiculous that there isnt a system in place to stop this from happening at the point of registration. There really should be some warning on the Godaddy screen!

Fred

tke71709

1:07 am on May 16, 2006 (gmt 0)

10+ Year Member



How is godaddy supposed to know that you're in the same industry as another company with a similar name?

It's up to you to do your homework, not godaddy.

davezan

8:05 pm on May 16, 2006 (gmt 0)

10+ Year Member



I think its ridiculous that there isnt a system in place to stop this from happening at the point of registration. There really should be some warning on the Godaddy screen!

If you're saying registrars should screen out if the name you're looking up can potentially infringe a trademark, unfortunately there's a 1999 ruling potentially saying registrars aren't in the biz of policing such.

Besides, every registrar's legal fine prints indicate they're not responsible for doing that. It's the customer's burden to determine that.

walkman

4:59 am on May 17, 2006 (gmt 0)



mymicrosoft.com or myexxon.com would not be good, but myshoes.com would IMO. Start there and see....