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Will I get in trouble for this?

Discussion in 'Making Money' started by sadshow, Jul 3, 2013.

  1. sadshow

    sadshow BANNED BANNED

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    If there's a site called "bookgiant", which would be a brand, is it legal to make a site called "ebookgiant"? It's also important to note that "bookgiant" is a fairly big site with some money behind them.

    Note: I just made up a niche and names which follow the same lines as my own issue, so these are not the actual domains I'm asking about. I used this because the site name I want to use also adds the letter "e" at the start, however, the "e" changes the meaning of the word, similar to the example I just used. So it isn't just adding a letter to a brand with no purpose.

    Need help with this please. Any input from knowledgeable members would be awesome.
     
  2. sadshow

    sadshow BANNED BANNED

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    Not trying to do anything blackhat with this, I just really want to use the name for a long term project.
     
  3. kugundo

    kugundo Regular Member

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    do you already own the domain? i would ask them
     
  4. sadshow

    sadshow BANNED BANNED

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    No not yet. But if I'm allowed to use it, I'd rather not ask them and give them something to bitch about. It's a legal issue where I'm either allowed or I'm not, so it's not up to them to let me.
     
  5. unclemike

    unclemike BANNED BANNED

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    Place the domain with offshore hosting and sign up anonymously.
    They would play hell trying to shut you down.
     
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  6. UptonGoodwin

    UptonGoodwin Power Member

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    If you don't get caught you won't get in trouble... But you can't use somebody else's brand in your domain name without having the risk of getting it shutdown...
     
  7. Asif WILSON Khan

    Asif WILSON Khan Executive VIP Jr. VIP

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    You can't use brand names or trademarks but the example you gave "I THINK" would be ok.
    Read this about "generic domain names"
    http://en.wikipedia.org/wiki/Domain_name
    As long as the name is generic (i.e can't be trademarked etc) I think it is fine. Obviously you shouldn't take my word for it and do some further research.
     
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  8. sadshow

    sadshow BANNED BANNED

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    Thanks brother. That's an interesting idea.
     
  9. sadshow

    sadshow BANNED BANNED

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    Thanks for your input. I've actually done a ton of research on generic domain rights for other projects, but I think this issue is more of a brand name/trademark issue like you mentioned first.

    I'm thinking that because the "e" actually changes the meaning of the word, the brand name/trademark rules don't apply. Maybe this is too much of a grey area for me to get into.
     
  10. CyberDragon

    CyberDragon BANNED BANNED

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    The real question is whether or not it's trademarked...
     
  11. kinlee

    kinlee Supreme Member

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    If you do go ahead and get the domain but find problems down the road you can always do a redirect to a new domain. That's what I did when I got a C&D because of a trademark. No complaints so far *knock on wood* :D
     
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  12. Bostoncab

    Bostoncab Elite Member

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    I think it would be hard for them to take it away under US TM/SM law as its made up of 2 common words. It would be similar to Home depot trying to take bookdepot.com away from you. They may try send a real nice C&D but you can not trademark a grouping of words that are common parlance. This is why you see company names now that are totally made up words

    I always give this example 1) "super diet coke"= NONONO 2) Super diet cola=not a problem

    There was a case here in Massachusetts where a tour company called "Duck tour" sued a company called "super duck tour" the super duck tour guy won.

    Anyone else here ever get a C&D letter? I got one once sent by courier who told me "you have to sign for it" I said "ok take it back to whoever sent it and tell them I said to suck1" the kid dropped it and left. It was 5 pages telling me I couldn't use a domain name [city]taxi.com The envelope and pieces of paper the letter was printed on were probably $20 real nice heavy thick pieces of paper with all kinds of case law being cited telling me I HAD to IMMEDIATE CEASE AND DECIST and turn over the domain name to the guy who sent it. I called the attorney and said "suck1"