How to get domain name?


1

All nice names are already taken. I want to know that if a domain already exists but I attach some character in the beginning/end of the already registered domain name and get registered, is it good or there may be any problem ?

For example there is a domain already register for a big company.

example.com

but if following domains are available.
examples.com

myexample.com
iexample.com
So if I register any of above available domain, will it create problem for me in future. Can example.com can register any case against me. So what are the problems I can face in future ?

Thanks

Getting Started Website Domain Name

asked Oct 28 '11 at 18:51
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Naveed
108 points
Top digital marketing agency for SEO, content marketing, and PR: Demand Roll
  • If you can register it, everything should be ok. – Robert Koritnik 12 years ago
  • Are you trying to know if you would have any copyright/trademark issues? – Ozair Kafray 12 years ago

2 Answers


4

If you are working with .com, .net, etc (non-country-specific top level domains ) you should be ok as long as you have a genuine business in operation and not violating any trademark or engaging in domain squatting like behaviour.

If you are dealing with country specific TLDs, you need to consult the local domain associations. For example in Australia the auDA regulates domain names. You need to have an associated business to register a .com.au domain, and can't register just any name (ref: auDA ). The Trade Practices Act protects against misleading or deceptive conduct (also known as Passing Off )

And if in any doubt: contact a lawyer and get some real advice.

answered Oct 28 '11 at 19:26
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Paul Filmer
790 points
  • I want to get `.com`. So If I get `iexample.com` then `example.com` company cannot get it from me? – Naveed 12 years ago
  • I don't believe anyone can "steal" the domain name as such, but they could take action to remove content from your web site if your product on `iexample.com` is similar `example.com` and has the potential to confuse visitors. – Paul Filmer 12 years ago

1

The answer to your question depends on whether the root name in question is trademarked. While only a lawyer can give you legal advice, what you seem to want to do will probably get you into trouble. Most business do claim either a registered or unregistered trademark on their domain names.

Here's a nice example from Ebay of your problem:

A trademark is a name or logo used by a company to identify its goods or services. For example, eBay® is the name of our company, but it is also a trademark used on our site and on various eBay products. Coca Cola® is a trademark used in the sale of soft drinks. Many trademarks are registered, but a trademark need not be registered for an owner to protect it. Trademark laws are primarily designed to protect consumers from confusing one company's goods or services with those of another.

Trademark infringement usually involves using someone's trademark on a good or service in a way that may confuse others about the source or affiliation of the goods or services. For example, if a seller unauthorized by or unaffiliated with Nike® sells sports clothes called "Nikestuff," the seller is probably infringing Nike’s trademark. There are other ways to infringe a trademark, including registering domain names that are substantially similar to the name of a trademark owner.

If a person operates a website using a domain name that contains someone else's trademark (for example, "www.nikestuff.com"), people who see or visit that domain name are likely to be confused and believe that the site is affiliated with Nike when it is not. People may also mistakenly go to this website thinking it's connected with the other company, only to find out that it is not. Intentional misspellings of and similarities to trademarked names (for example, www.wwwebay.com, www.amizon.com) may also be considered trademark infringements. Just because a company hasn't registered all variations of its name or trademark as domain names doesn't mean that others can use those domain names. If the domain names are likely to confuse consumers, they're probably infringing.

In 1999, the United States Congress passed the Anticybersquatting Consumer Protection Act, which generally prohibits using a domain name containing another's trademark with an intent to profit. That law allows penalties of up to $100,000 per domain name abuse incident; anyone who in bad faith uses, sells, or tries to sell a domain name that infringes another's trademark may be fined.

answered Oct 29 '11 at 02:17
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Gary E
12,510 points
  • +1 Thanks for your brief response. It helped a lot. – Naveed 12 years ago
  • For example, there are two sites `odesk.com` and `autodesk.com`. Here word `odesk` is part of word `autodesk` but their products/services are different. Do you think that there may be any problem between these two sites/companies ? Or this situation is ok and peaceful ? Please describe ? – Naveed 12 years ago

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