Misspelled common words for domain names. Is this legal?

RenFromPenn · 04-10-2005, 04:15 PM

I have a question for you all. I know that typo-squatting is illegal if you register a variation on a trademarked name, but does that same law apply if the name is a common english word? For example:

Yahooo.com/net/org = bad

eboooks.com/net/org = bad or okay?

I don't see how there can be anything wrong with registering a misspelled common word, but I thought I would get your opinions on the subject.

domain.addict · 04-10-2005, 04:30 PM

eboooks.com is fine because you can't trademark a name such as books -.-

sufi · 04-10-2005, 07:18 PM

yahooXXX.com will have TM issues (example : yahoooo.com) as it contains word yahoo within.

But, Yagoo.com won't have TM issues.

John Nousis · 04-11-2005, 05:50 AM

You will definitely have legal issues with brand name domains. I wouldn't risk it. However, the eboooks is ok.

Veolus · 04-11-2005, 07:38 AM

eboooks.com/net/org is fine
yahooo.com/net/org is not

RenFromPenn · 04-11-2005, 02:25 PM

Okay, well what I'm wondering is this. I remember reading about a guy who got sued and lost because he bought registerr.com. Register is a common english word, so how could he lose the case?

Also, I don't think yagoo.com would be okay. I read that Amazon has sued and won for varients like anazon, etc.

iNod · 04-12-2005, 11:11 AM

As long as it doesn't have the tm in it you are fine.

Regards,

namegame · 04-12-2005, 06:15 PM

What is the law regarding typos of initials which are just letters such as wwwups.com or wwwgm.com? How about typos of celebrity names such as wwwbritneyspears.com? Lastly, how about dictionary word typos that are brand names such as wwwexcite.com?

RenFromPenn · 04-12-2005, 08:20 PM

Quote:

Originally Posted by namegame

What is the law regarding typos of initials which are just letters such as wwwups.com or wwwgm.com? How about typos of celebrity names such as wwwbritneyspears.com? Lastly, how about dictionary word typos that are brand names such as wwwexcite.com?

Yeah, dictionary words that are brand names is exactly what I was referring to when I mentioned registerr.com aka register. The guy who bought that one got sued, but how can you sue someone for a dictionary word?

AdoptableDomains · 04-12-2005, 09:25 PM

Quote:

Originally Posted by iNod

As long as it doesn't have the tm in it you are fine.

Regards,

Just like a copyright, it doesn't have to have "TM" to be trademarked. It can be trademarked without the "TM", or can be a common law trademark just by being used in commerce for a particular use.

Quote:

Originally Posted by RenFromPenn

Okay, well what I'm wondering is this. I remember reading about a guy who got sued and lost because he bought registerr.com. Register is a common english word, so how could he lose the case?

Also, I don't think yagoo.com would be okay. I read that Amazon has sued and won for varients like anazon, etc.

Neither would be okay if they can create "confusion" in the marketplace and used for the same purpose. Harder to prove, but still winnable for the original owner.

04-10-2005, 04:15 PM	#1 (permalink)
RenFromPenn New Member Join Date: Jan 2005 Posts: 14 9.00 NP$ (Donate)	Misspelled common words for domain names. Is this legal? I have a question for you all. I know that typo-squatting is illegal if you register a variation on a trademarked name, but does that same law apply if the name is a common english word? For example: Yahooo.com/net/org = bad eboooks.com/net/org = bad or okay? I don't see how there can be anything wrong with registering a misspelled common word, but I thought I would get your opinions on the subject.

04-10-2005, 04:30 PM	#2 (permalink)
domain.addict Senior Member Join Date: Dec 2004 Location: My Imagination Posts: 1,629 48.00 NP$ (Donate)	eboooks.com is fine because you can't trademark a name such as books -.- __________________ Netbook - Site Stats - Number - Site Info

04-10-2005, 07:18 PM	#3 (permalink)
sufi NamePros Expert Join Date: Mar 2005 Location: LinksHut.com Posts: 7,377 82.88 NP$ (Donate)	yahooXXX.com will have TM issues (example : yahoooo.com) as it contains word yahoo within. But, Yagoo.com won't have TM issues. __________________ Concrete Polishing FMOZ Web Directory -- Beachside Domains

04-11-2005, 05:50 AM	#4 (permalink)
John Nousis New Member Join Date: Apr 2005 Posts: 5 7.00 NP$ (Donate)	You will definitely have legal issues with brand name domains. I wouldn't risk it. However, the eboooks is ok. __________________ Sell Online Attract customers with Magnetcommerce! Magnet e-commerce shopping cart software Powered by http://www.siteowners.com/

04-12-2005, 11:11 AM	#7 (permalink)
iNod Eating Pie Join Date: Nov 2004 Location: Canada Posts: 2,289 126.05 NP$ (Donate)	As long as it doesn't have the tm in it you are fine. Regards, __________________ I feel old.

04-11-2005, 07:38 AM	#5 (permalink)
Veolus Account Suspended Join Date: Dec 2004 Location: Australia Posts: 4,313 4.00 NP$ (Donate)	eboooks.com/net/org is fine yahooo.com/net/org is not

04-11-2005, 02:25 PM	#6 (permalink)
RenFromPenn New Member Join Date: Jan 2005 Posts: 14 9.00 NP$ (Donate)	Okay, well what I'm wondering is this. I remember reading about a guy who got sued and lost because he bought registerr.com. Register is a common english word, so how could he lose the case? Also, I don't think yagoo.com would be okay. I read that Amazon has sued and won for varients like anazon, etc.

04-12-2005, 06:15 PM	#8 (permalink)
namegame NamePros Regular Join Date: Dec 2004 Posts: 315 236.00 NP$ (Donate)	What is the law regarding typos of initials which are just letters such as wwwups.com or wwwgm.com? How about typos of celebrity names such as wwwbritneyspears.com? Lastly, how about dictionary word typos that are brand names such as wwwexcite.com?

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