Legal Dispute Q

[cyberoptik]

Hi All,

I have a client that registered 000-hosting.com (real name is replaced w/ 000). There is already a company running under 000hosting.com. Would this be considered copyright infringement? I know it seems like a stupid question, but I'd just like to make sure.

Ron

 

[JoshHendo]

Probably not if the real name of the other domain name isn't trademarked, though if it is it may be

 

[primacomputer]

Not copyright infringement, but perhaps trademark infringement and almost certainly passing off. Would it be ok if I registered micro-soft.com?

 

[Venolus]

Yes, it will be a TM issue if you reg 000-hosting.com same with the case of micro-soft.com
ICANN rules state that TM names should not be registered with - or any other characters except alphabets and numerals inbetween them

 

[abdulmueid]

Can someone explain something...
Lets say I buy a reseller account buy a domain and start my own webhost company. Remember that I do not have any documentation that makes me a legal business entity. It is just like buying something for cheap and selling it in school.

Now if someone else opens another hosting with a slightly different name (adds a hyphen or a comma in the name), is this TM or Copyright infringement? Can I take legal actions against that person.

 

[Dave_Z]

Can someone explain something...
Lets say I buy a reseller account buy a domain and start my own webhost company. Remember that I do not have any documentation that makes me a legal business entity. It is just like buying something for cheap and selling it in school.

Now if someone else opens another hosting with a slightly different name (adds a hyphen or a comma in the name), is this TM or Copyright infringement? Can I take legal actions against that person.

A domain name doesn't assign any legal rights to anyone whatsoever except
for its registered owner to do with it as s/he/it fits. But others can attempt to
prove they have greater rights than its registrant.

Can? Sure!

Win?

 

[primacomputer]

Can someone explain something...
Lets say I buy a reseller account buy a domain and start my own webhost company. Remember that I do not have any documentation that makes me a legal business entity. It is just like buying something for cheap and selling it in school.

Now if someone else opens another hosting with a slightly different name (adds a hyphen or a comma in the name), is this TM or Copyright infringement? Can I take legal actions against that person.

Using a name gives you certain rights but if you are at all serious about it spend the money on a trademark.

 

[DNQuest.com]

I think there is confusion between a TM and a Registered mark. You gain a TM by using a business name or product name in the commercial world. IE- I have used DNQuest for business for over 3 years. It is a domain name site. Due to this commercial usage, it became my TM. There is no cost or nothing special you have to do to hae it be a TM.

On the other hand, a registered mark is a TM that is registered and verified by the government as a TM. This is where you would see the ® next to a name or product. It is better to have the ® than a TM. ® is easier to defend since you already did the work on your application to the government and the government said you are the registered TM holder.

Copyrite is the protection of content you publish which is assumed once it is published.

So with this, if the first company had been using the domain for commercial business as a hosting company, the second company would be infringing on thier TM. Just having a name does not give TM status, using it for business does.

 

[327_impala]

Can someone explain something...
Lets say I buy a reseller account buy a domain and start my own webhost company. Remember that I do not have any documentation that makes me a legal business entity. It is just like buying something for cheap and selling it in school.

Now if someone else opens another hosting with a slightly different name (adds a hyphen or a comma in the name), is this TM or Copyright infringement? Can I take legal actions against that person.

Can't give you a totally straight answer here because US trademark law offers greatest protection to "strong" marks (such as those you coin yourself - like "Exxon"- which has no dictionary meaning) and gives least protection to "weak" marks (such as generic names like "domainnames.com" in the domain business). So, if you make up the name out of whole cloth, you stand a much better chance of prevailing. The more your name looks "domainnames.com" you'll be most unlikely to succeed against "domain-names.com