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Domain Legality question

Discussion in 'Black Hat SEO' started by helll0a, Mar 14, 2015.

  1. helll0a

    helll0a Jr. VIP Jr. VIP

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    Hi all,

    Just had a quick question. I have bought a good domain recently. The thing is that the domain itself is a trademark of our competitor. To use an example, my domain is mydogtreats.ca and he owns the trademark for the word mydogtreats. I understand using that domain for my business site can lead me into troubles since we sell the same products. What I wanted your opinion was on weather I would be safe redirecting that domain (mydogtreats.ca) to my offical site which would be lets say treatsforyourdog.ca. He currently owns the .com version and I own .ca .. he is a big advertiser across TV channels, radios, and more.. so I know people in Canada may mistake and type .ca sometimes resulting in me getting traffic since i own the .ca.

    Do let me what you guys think! Can this still cause a conflict as I am not using his brand name on my redirected official site at all. In fact I have a own brand name which is completely unique.
     
  2. helll0a

    helll0a Jr. VIP Jr. VIP

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    anyone can tell me??
     
  3. MarketerX

    MarketerX Regular Member

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    You will run into legal issues with this, even using a redirect it is using their trademark for commercial purposes.
     
  4. hpasha

    hpasha Jr. VIP Jr. VIP

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    if its a big brand then its really a big problem. I would advise not to go this way.
     
  5. helll0a

    helll0a Jr. VIP Jr. VIP

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    Thanks for the opinions. IF I dont redirect and just hold on to the domain, any penalties then?
     
  6. MarketerX

    MarketerX Regular Member

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    Do you live in the US? Because there, it is known as cybersquatting, and if it involves someones trademark, it is still illegal, even with no redirect or content. I am assuming you are from Canada since you registered a .CA domain, check Canadian law on cybersquatting. Usually Canadian law is similar to US law.
     
  7. helll0a

    helll0a Jr. VIP Jr. VIP

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    I registered the domain before they filed for a trademark! What do you think?
     
  8. MarketerX

    MarketerX Regular Member

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    Well that is interesting...but I am not a lawyer so I don't know if that makes it OK. Also it varies from country to country, with the US being the most strict about it.
     
  9. helll0a

    helll0a Jr. VIP Jr. VIP

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    I am from Canada.. tried finding info on it.. no luck. Man im milking this as long as I can. Worst comes to worst I will sell my domain to them or to one of my corps that has a holding company.. CANT SUE THAT BITCH.
     
  10. BassTrackerBoats

    BassTrackerBoats Super Moderator Staff Member Moderator Jr. VIP

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    They won't buy it, they will just take it.

    I've done similar with international well known companies and just milked it for as long as I could like you are saying with only having to give it up once I got caught.

    I can't say that is all that will happen if they catch you as I've heard stories where there were expensive civil repercussions but that was my personal experience.
     
  11. helll0a

    helll0a Jr. VIP Jr. VIP

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    Were you involved with a HUGE brand like IBM or something? My competitor is micro compared to that.. Lets just say I am talking about a single person owned business who operates at a national level.
     
  12. BassTrackerBoats

    BassTrackerBoats Super Moderator Staff Member Moderator Jr. VIP

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    Yes, big like an IBM kind of company... actually I did it a handful of times.

    A single person owned business might actually be more aggressive as their business is a personal thing.

    The companies I was involved with just sent me a bunch of certified "scare" letters from attorneys and I freely gave up the domains without a fight as I knew they were in the right and I was done riding that wave.
     
  13. helll0a

    helll0a Jr. VIP Jr. VIP

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    How did they find your address? .ca's are protected by CIRA. How will he find me if there is no website live on the domain?
     
  14. MarketerX

    MarketerX Regular Member

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    This may be of interest to you, from the Wikipedia page for Cybersquatting.

    Canada — through its own internet regulating body, the Canadian Internet Registration Authority (CIRA) — has taken a similar approach to Australia. Registrations for a .cacountry code top-level domain must meet "Canadian Presence" requirements. The list is extensive and includes individual citizens and residents of Canada and in addition, Canadian businesses, Aboriginal Peoples and Indian Bands, Canadian trademark holders (whether Canadian or Foreign), Her Majesty the Queen and, Foreign Businesses with a physical Canadian presence. However, as with Australia, even this has failed to protect Canada from cybersquatting acts.
    In an unusual departure from trying to avoid the practice of cybersquatting, the CIRA themselves seem to encourage the practice by publishing — on their website — a very extensive
    Domains To Be Released List. This list is directly promoted on the site home page. The practice gives the impression of being intentionally designed to promotecybersquatting by allowing Canadian (or other) cybersquatters to literally go shopping for domains to register. Domains that can then be offered back to the previous registrant — or a business or corporation with an affiliated name — at an inflated price. CIRA policy regarding domain disputes does have a clause to protect against this, (section 3.5 Registration in Bad Faith, subsection a) ), however this does require making a complaint, and going through the resolution process.
    Internationally, the
    United Nations copyright agency WIPO (World Intellectual Property Organization) has, since 1999, provided an arbitration system wherein a trademark holder can attempt to claim a squatted site. In 2006, there were 1823 complaints filed with WIPO, which was a 25% increase over the 2005 rate.[SUP][3][/SUP] In 2007 it was stated that 84% of claims made since 1999 were decided in the complaining party's favor.[SUP][3][/SUP]
     
  15. helll0a

    helll0a Jr. VIP Jr. VIP

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    hahahaha thanks. Love Canada. The domain is mine :D