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I need help with possible copyright issue for my new domain socialmediascreenings /// com

Labeled as question in Legal Discussion started by EASYPICKINGS, Jul 22, 2019.

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  1. EASYPICKINGS

    EASYPICKINGS Established Member

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    Hello,

    I want to connect this domain to my existing website, but I realized that socialmediascreening.com is an actual website already, so can I still use socialmediascreenings //// com for my site even though its so similar?
     
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  2. MadAboutDomains

    MadAboutDomains Top Member VIP ★★★★★★★★★★

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    It's not copyright that you need to be concerned with, unless you are going to copy and paste the content of the other website on to yours.

    The thing you are eluding to is trademark infringement, or infringement of common law rights to a name. The first thing I would suggest is to check if a trademark exists for the phrase "socialmediascreening" and similar terms.
     
  3. slader23

    slader23 Always On The Bleeding Edge. VIP

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    Just adding an "S" to the unique domain of an already existing business and hand registering it is a bad move imho. I see you already did this with another domain QuantoCoins.com.

    Don't make this a habit. You are on a slippery slope. A good lawyer would get you for all 3 requirements for a successful UDRP.
     
  4. EASYPICKINGS

    EASYPICKINGS Established Member

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    That was coincidence because I actually need to use this for my business. If you go to socialmediascreening.com it redirects to their main site.
     
  5. jberryhill

    jberryhill Top Member John Berryhill, Ph.d., Esq. VIP ★★★★★★★★★★

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    One thing you might do is to conduct a google search for “social media screening”:

    https://www.google.com/search?q=%22social+media+screening%22

    Looking at the Google search results for that phrase, would you conclude:

    (A) it is a non-distinctive phrase used by many parties to generally refer to performing background checks relating to social media, OR

    (B) it is a distinctive and substantially exclusive phrase which signifies goods or services which emanate from a particular source or origin, and thus distinguished those goods or service from others in the relevant market for those goods or services?

    What does that Google search suggest?

    Anyone? A or B?
     
    Last edited: Jul 23, 2019
  6. EASYPICKINGS

    EASYPICKINGS Established Member

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    Exactly it is a general term everyone uses. I emailed them to ask for permission but I don’t think I need it.
     
  7. MapleDots

    MapleDots Domain Properties 2010 - 2019 VIP

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    Hmm.... You just opened up pandora's box
     
  8. jberryhill

    jberryhill Top Member John Berryhill, Ph.d., Esq. VIP ★★★★★★★★★★

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    ...which is the other thing about posting advice without all of the facts.

    I have that issue in a UDRP I’m working on at the moment. The phrase is utterly generic, and there is no problem with it at all. The problem is that when the domain registrant was threatened by a frivolous trademark claim, he stopped using the domain name.

    Now, sure, we have to explain that he was intimidated and had not sought counsel at that point in time, but it’s a pain in the ass when people do stuff like that - i.e. behave in a way that undercuts their own position.
     
  9. slader23

    slader23 Always On The Bleeding Edge. VIP

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    Looking at google, I'd conclude that it's more (A) than (B). SocialMediaScreening.com is also not developed by the owner so the possibility of (B) being relevant is non-existent and also not represented in the search results, which appear to show it being referred to and advertised as a generic term for performing background checks relating to social media.
     
  10. MapleDots

    MapleDots Domain Properties 2010 - 2019 VIP

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    And imagine how much easier your job would be if people just hushed up and refrained from sending emails before seeking legal council.

    In the case above the OP basically said I AM POSSIBLY INFRINGING by contacting the other domain owner. How would he argue now if the other guy decided to file?
     
    Last edited: Jul 23, 2019
  11. EASYPICKINGS

    EASYPICKINGS Established Member

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    We have nothing to worry about right, and it doesnt matter I sent an email. I think they received it, and actually stopping using socialmediascreening as a redirect to their main site for some reason.
     
  12. jberryhill

    jberryhill Top Member John Berryhill, Ph.d., Esq. VIP ★★★★★★★★★★

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    There are always some bad facts to deal with. A typical situation is where the domain registrant took the domain name down or engaged in other behavior that could be construed as an admission. Normally, one deals with those sorts of things by saying that, yep, the domain registrant was intimidated, misinformed, acting without counsel, etc..

    The unspoken factor in a lot of domain disputes is the degree of distinctiveness of the alleged mark. In, for example, a case I'm dealing with now and which will go to decision in a few weeks if the complainant doesn't withdraw, the utter lack of a trade or service mark in what is a commonly used phrase is going to be such a strong factor that none of the facts about the parties' prior dealings and communications is going to matter.

    In a situation like this one, it's natural to ask, "If the guy was going to go ahead anyway, then why did he ask permission?" There could be a lot of answers to that question, and you'd want to take a look at the exact communication, but some flavor of "Who cares?" might be appropriate in this instance.
     
  13. EASYPICKINGS

    EASYPICKINGS Established Member

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    So to clarify, nothing to worry about?
     

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