Domain name legal rights - GoFuckYourself.com

mkx · 03-11-2004, 02:02 PM

Question. Can there be legal issues between companies using .com / .net / .us / .org names such as a company owning computerparts.com suing the company owning computerparts.net who is selling the exact same products and registered the business name and domain after computerparts.com or is there nothing to worry about for generic names?

ProfitPrograms · 03-11-2004, 02:09 PM

nothing to worry about with that generic of a term....

not branded

mkx · 03-11-2004, 02:15 PM

Even if the name is trademarked and your selling the exact same product?

mkx · 03-11-2004, 04:58 PM

Bump

I am about to pay some big $ for a .com domain and a .net one already exists and is devoloped. I am about to take the market over. Just wanted to make sure the little guy won't get mad

Mr.Fiction · 03-11-2004, 05:08 PM

Quote:

Originally posted by raulph
Even if the name is trademarked and your selling the exact same product?

If it is a trademark, and you are doing anything covered by their trademark, they can and probably will take your domain. They can also sue you for damages.

Talk to a domain lawyer before spending a lot of money on the domain. What you think is "generic" might not be.

Kamilla36D · 03-11-2004, 05:08 PM

I don't know how much you're paying for that domain but it sounds like you could use the advice of an attorney - would be a good investment before putting the time and money only to loose it...

mkx · 03-11-2004, 09:57 PM

Its is very generic. It is a dictionary word. Not something like glassfactory.com or cellworld but something like computers.com or cardboardboxes.com The situation would be another company owning the cardboard-boxes.net domain and I will be purchasing the generic cardboardboxes.com domain. It is definately generic.

mkx · 03-11-2004, 11:06 PM

I like to eat eskimos

Mr.Fiction · 03-11-2004, 11:47 PM

Quote:

Originally posted by raulph
Its is very generic. It is a dictionary word. Not something like glassfactory.com or cellworld but something like computers.com or cardboardboxes.com The situation would be another company owning the cardboard-boxes.net domain and I will be purchasing the generic cardboardboxes.com domain. It is definately generic.

Didn't you say they have a trademark?

Give an example of what their domain is and what business their trademark is for.

Is their trademark on the domain cardboardboxes.com and their trademark is for selling cardboard boxes?

If they got a trademark, then the government doesn't think their company name is generic.

mkx · 03-12-2004, 12:11 AM

Ok lets use cardboardboxes.com as an example

I want to buy www.cardboardboxes.com for $50,000 and sell Carboard Solutions (cardboard box manufacture) full line of cardboardboxes on this website.

However, I will be competing with www.carboard-boxes.net who is also selling Cardboard Solutions full line of cardboard boxes.

Questions
1) If cardboard-boxes.net has a trademark am I screwed?
2) If cardboard-boxes.net doesn't have a trademark but have a corporation registered under the name doing business internationally am I screwed?
3) If cardboard-boxes.net has no trademark and I trademark www.cardboardboxes.com right now are they screwed?

Any help or answers to these three questions would be appreciated.

bdld · 03-12-2004, 12:13 AM

you should consult with an attorney to get a for-sure answer.. gfy attorneys are free but only 1/4th of the stuff you hear here is the truth

mkx · 03-12-2004, 12:20 AM

I think it's a good question to be address to the public for opinions first. I mean can www.sex.net sue www.sex.com if sex.net was trademarked first? Thats how generic I am talking about

Mr.Fiction · 03-12-2004, 12:37 AM

Quote:

Originally posted by raulph
I think it's a good question to be address to the public for opinions first. I mean can www.sex.net sue www.sex.com if sex.net was trademarked first? Thats how generic I am talking about

Talk to a lawyer who specializes in domains or IP. You can get an answer for $500 from someone well known, and have some peace of mind for your $50,000 investment.

Mr. Marks · 03-12-2004, 12:40 AM

Try to Talk to a domain lawyer before spending a lot of money on the domain

mkx · 03-12-2004, 01:12 AM

so no advise before I get advise from a lawyer?

pimplink · 03-12-2004, 02:22 AM

I think you have to get the advise from
the lawyer.

johnbosh · 03-12-2004, 02:26 AM

Quote:

Originally posted by pimplink
I think you have to get the advise from
the lawyer.

tgpmakers · 03-12-2004, 02:36 AM

For domain legal issues check out http://www.dnforum.com they have legal experts and plenty of free advice.

mkx · 03-12-2004, 02:46 AM

so no advise before I get advise from a lawyer?

mkx · 03-12-2004, 02:47 AM

sorry for the repost, my computer is messing up. i will check out that site. thanks

03-11-2004, 02:02 PM	#1
mkx Confirmed User Industry Role: Join Date: Nov 2003 Location: Toronto Posts: 4,001	Domain name legal rights Question. Can there be legal issues between companies using .com / .net / .us / .org names such as a company owning computerparts.com suing the company owning computerparts.net who is selling the exact same products and registered the business name and domain after computerparts.com or is there nothing to worry about for generic names?

03-11-2004, 02:09 PM	#2
ProfitPrograms Confirmed User Join Date: Feb 2004 Location: ProfitLand Posts: 1,061	nothing to worry about with that generic of a term.... not branded __________________ ICQ: 189153

03-11-2004, 05:08 PM	#6
Kamilla36D Confirmed User Join Date: Jan 2002 Location: YourSearchNow.com - Search Me! ;-) Posts: 605	I don't know how much you're paying for that domain but it sounds like you could use the advice of an attorney - would be a good investment before putting the time and money only to loose it... __________________ YourSearchNow.com Advertise 1c/click - 60% affiliate program - unique exit link program ClickForWebmasters.com Amateur niche toplists, PicPost and Resource

03-12-2004, 12:20 AM	#12
mkx Confirmed User Industry Role: Join Date: Nov 2003 Location: Toronto Posts: 4,001	I think it's a good question to be address to the public for opinions first. I mean can www.sex.net sue www.sex.com if sex.net was trademarked first? Thats how generic I am talking about Last edited by raulph; 03-12-2004 at 12:22 AM..

03-12-2004, 02:22 AM	#16
pimplink Confirmed User Join Date: Jun 2001 Location: Closer than you think Posts: 9,535	I think you have to get the advise from the lawyer. __________________ Need Mainstream Content and SEO? SEO * Website Copy * Blogs Blogging - PR Work - Forum Marketing - Social Marketing - Link building - Articles 100% Guaranteed Content!

03-11-2004, 02:15 PM	#3
mkx Confirmed User Industry Role: Join Date: Nov 2003 Location: Toronto Posts: 4,001	Even if the name is trademarked and your selling the exact same product?

03-11-2004, 04:58 PM	#4
mkx Confirmed User Industry Role: Join Date: Nov 2003 Location: Toronto Posts: 4,001	Bump I am about to pay some big $ for a .com domain and a .net one already exists and is devoloped. I am about to take the market over. Just wanted to make sure the little guy won't get mad

03-11-2004, 09:57 PM	#7
mkx Confirmed User Industry Role: Join Date: Nov 2003 Location: Toronto Posts: 4,001	Its is very generic. It is a dictionary word. Not something like glassfactory.com or cellworld but something like computers.com or cardboardboxes.com The situation would be another company owning the cardboard-boxes.net domain and I will be purchasing the generic cardboardboxes.com domain. It is definately generic.

03-11-2004, 11:06 PM	#8
mkx Confirmed User Industry Role: Join Date: Nov 2003 Location: Toronto Posts: 4,001	I like to eat eskimos

03-12-2004, 12:11 AM	#10
mkx Confirmed User Industry Role: Join Date: Nov 2003 Location: Toronto Posts: 4,001	Ok lets use cardboardboxes.com as an example I want to buy www.cardboardboxes.com for $50,000 and sell Carboard Solutions (cardboard box manufacture) full line of cardboardboxes on this website. However, I will be competing with www.carboard-boxes.net who is also selling Cardboard Solutions full line of cardboard boxes. Questions 1) If cardboard-boxes.net has a trademark am I screwed? 2) If cardboard-boxes.net doesn't have a trademark but have a corporation registered under the name doing business internationally am I screwed? 3) If cardboard-boxes.net has no trademark and I trademark www.cardboardboxes.com right now are they screwed? Any help or answers to these three questions would be appreciated.

03-12-2004, 12:13 AM	#11
bdld $100,000 Join Date: Dec 2001 Posts: 11,452	you should consult with an attorney to get a for-sure answer.. gfy attorneys are free but only 1/4th of the stuff you hear here is the truth

03-12-2004, 12:40 AM	#14
Mr. Marks Confirmed User Join Date: Jun 2001 Location: Wherever I want Posts: 7,517	Try to Talk to a domain lawyer before spending a lot of money on the domain

03-12-2004, 01:12 AM	#15
mkx Confirmed User Industry Role: Join Date: Nov 2003 Location: Toronto Posts: 4,001	so no advise before I get advise from a lawyer?

03-12-2004, 02:36 AM	#18
tgpmakers Confirmed User Join Date: Feb 2004 Location: United Kingdom Posts: 575	For domain legal issues check out http://www.dnforum.com they have legal experts and plenty of free advice. __________________ http://www.tgpmakers.com/

03-12-2004, 02:46 AM	#19
mkx Confirmed User Industry Role: Join Date: Nov 2003 Location: Toronto Posts: 4,001	so no advise before I get advise from a lawyer?

03-12-2004, 02:47 AM	#20
mkx Confirmed User Industry Role: Join Date: Nov 2003 Location: Toronto Posts: 4,001	sorry for the repost, my computer is messing up. i will check out that site. thanks