question Is buying typo domains illegal?

[digitalocean1]

is buying typo domains illegal?

like faccbook.com or goooogle.com?

what if I'm not looking to sell these at a premium but just to make advertising money with direct traffic?

what are the best methods to find those if not illegal?

 

[draco]

It's called typosquatting. It opens you up to UDRP actions to take away the domain. They may also sue you.

 

[jhm]

What @draco said, just don't

 

[jberryhill]

https://www.law.cornell.edu/uscode/text/15/1125

(d) Cyberpiracy prevention

(1)
(A) A person shall be liable in a civil action by the owner of a mark, including a personal name which is protected as a mark under this section, if, without regard to the goods or services of the parties, that person—

(i) has a bad faith intent to profit from that mark, including a personal name which is protected as a mark under this section; and

(ii) registers, traffics in, or uses a domain name that—

(I) in the case of a mark that is distinctive at the time of registration of the domain name, is identical or confusingly similar to that mark;

---------------

https://www.law.cornell.edu/uscode/text/15/1117

(d) Statutory damages for violation of section 1125(d)(1)

In a case involving a violation of section 1125(d)(1) of this title, the plaintiff may elect, at any time before final judgment is rendered by the trial court, to recover, instead of actual damages and profits, an award of statutory damages in the amount of not less than $1,000 and not more than $100,000 per domain name, as the court considers just.

 

[evil]

Yes, it's illegal.
However we must observe that there are domainers whose business is based on typosquatting.
Why? Registrant risk is to loose a $10 domain. The company that make the URDP has to spend at least 1500$.
I would also be curious to know how an american company recovers damages from a russian or chinese guy who has lost the case.
The result is that all the best typos are already registered by someone in the world!

 

[LoveCatchyDomains]

Yes, it's illegal.
However we must observe that there are domainers whose business is based on typosquatting.
Why? Registrant risk is to loose a $10 domain. The company that make the URDP has to spend at least 1500$.
I would also be curious to know how an american company recovers damages from a russian or chinese guy who has lost the case.
The result is that all the best typos are already registered by someone in the world!

My plea to domainers in general would be to stop the typosquatting. It's part of what makes the domain industry look bad, IMHO.
Even if it was the typosquatter's business model, it is best that they lose their $10 registration investment, rather than force companies to waste time having to do a UDRP.

 

[jberryhill]

I would also be curious to know how an american company recovers damages from a russian or chinese guy who has lost the case.

First, there are treaties which provide for international enforcement of court judgements. I don't know how people think global commerce has been conducted for decades without ways to do that.

But more importantly, if you want to know about China, in particular:

https://gkml.samr.gov.cn/nsjg/fgs/201906/t20190625_302771.html

Article 6 expressly prohibits:

(三）擅自使用他人有一定影响的域名主体部分、网站名称、网页等”.

And Article 18 provides a penalty of:

第十八条 经营者违反本法第六条规定实施混淆行为的，由监督检查部门责令停止违法行为，没收违法商品。违法经营额五万元以上的，可以并处违法经营额五倍以下的罚款；没有违法经营额或者违法经营额不足五万元的，可以并处二十五万元以下的罚款。情节严重的，吊销营业执照。

Does that answer your question? That's quite a bit of money in China.

I mean, do people actually believe that countries other than the US do not have trademark laws?

 

[LoveCatchyDomains]

First, there are treaties which provide for international enforcement of court judgements. I don't know how people think global commerce has been conducted for decades without ways to do that.

But more importantly, if you want to know about China, in particular:

https://gkml.samr.gov.cn/nsjg/fgs/201906/t20190625_302771.html

Article 6 expressly prohibits:

(三）擅自使用他人有一定影响的域名主体部分、网站名称、网页等”.

And Article 18 provides a penalty of:

第十八条 经营者违反本法第六条规定实施混淆行为的，由监督检查部门责令停止违法行为，没收违法商品。违法经营额五万元以上的，可以并处违法经营额五倍以下的罚款；没有违法经营额或者违法经营额不足五万元的，可以并处二十五万元以下的罚款。情节严重的，吊销营业执照。

Does that answer your question? That's quite a bit of money in China.

I mean, do people actually believe that countries other than the US do not have trademark laws?

Thanks, as always, for the excellent information. You wouldn't happen to have the English translation for this?

 

[jberryhill]

You wouldn't happen to have the English translation for this?

Yes, I do. But the way I look at it is that if you can't read it, then it probably doesn't apply to you.

 

[pablohc86]

is buying typo domains illegal?

like faccbook.com or goooogle.com?

what if I'm not looking to sell these at a premium but just to make advertising money with direct traffic?

what are the best methods to find those if not illegal?

buying those names is ok.
Problems come when you try to make money with these names.
If you want to make a fan website without any monetization and without giving bad information or doing any other illegal activities, no one will complain to you.
Make advertising cost with these kind of names is a problem as you are trying to take advantage confusing your audience with a name that is very similar to a famous brand...