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  1. #1
    Full Member ADesertRose's Avatar
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    Unethical, illegal, good business?
    Hmmm...thought provoking questions...If there is a popular .com with a name that is common, so not really copyrightable such as outofprint or handmade, if the .net was available would it be unethical to buy it to develop or would it be too potentially infringing on the .com?
    Foreseeable problems anyone?

  2. #2
    Full Member affiliate4all's Avatar
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    As per my experience, no firm will run after you(take legal action) if you purchased that. They will at the most offer you a handsome unresistible amount for the domain. Remember mikerowesoft.com??? Go ahead dude, buy it... but make sure you don't mess up with any copyrights nor you take any unfair advantage of the firms' name in your business.

  3. #3
    lurk
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    It depends on the cercumstance. If you are buying "handmade.net" that is a very broad word... as opposed to buying "Microsoft.net" or "DirectNic.net" which are unique company names. In those cases it would bad idea if you are trying to establish a business with that name.

    Is the .net domain name you are buying going to be a direct competitor with the .com company?

  4. #4
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    Technically they can't do anything. If they didn't register the name themself, as long as you're not representing yourself as them, they simply can't touch you.

  5. #5
    lurk
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    Quote Originally Posted by Webnet
    Technically they can't do anything. If they didn't register the name themself, as long as you're not representing yourself as them, they simply can't touch you.

    Dude... it's America. Like Affiliate4All mentioned "mikerowesoft.com". It was the kids NAME Mike Rowe and he was still troubled for it. He ended up having to change the websites name and just using the domain as a redirect.

  6. #6
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    In a legal battle, microsoft couldn't do anything except pay court costs. The name was his - a name is defined by how it's spelled, not how it's pronounced. Legal documents do not cover how a name is pronounced but simply the spelling. That includes purchases on .net or .com. If the records show only a .com purchase by that company then you have every right to buy the .net. If they have an issue with it then they will have to buy the domain from you.

  7. #7
    Member x10admin's Avatar
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    :: Hello ::

    Our program allows affiliates to "Co brand" thier domain. You are welcome to use our trademark X10 within your domain name.

    Example:
    www.X10-Store.com
    www.X10Discountcenter.com

    We would prefer our affiliates had any number of these domains rather then our competitors.

    We will also give you a free website for your domain. See example at www.X10-Free-Website.com


    I would check with the affiliate manager of the program you are interested in working with concerning thier affiliate agreements and what they do allow.

  8. #8
    lurk
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    Quote Originally Posted by Webnet
    If the records show only a .com purchase by that company then you have every right to buy the .net. If they have an issue with it then they will have to buy the domain from you.
    If your website does anything to give the perception that you are the .com company you will be send a cease and desist letter... and YES you can get sued.

  9. #9
    Moderator MichaelColey's Avatar
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    I'd be careful with any advice that says to ignore trademarks. When it comes down to it, you're the one who will be liable, not the anonymous person who gave you the free advice.

    If there is potential confusion with their customers, they do have a case. And if they're aggressive at protecting their intellectual property rights, they will come after you. Be prepare for an expensive legal battle.
    Michael Coley
    Amazing-Bargains.com
     Affiliate Tips | Merchant Best Practices | Affiliate Friendly? | Couponing | CPA Networks? | ABW Tips | Activating Affiliates
    "Education is the most powerful weapon which you can use to change the world." Nelson Mandela

  10. #10
    Full Member ADesertRose's Avatar
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    Thanks to all who replied, I really appreciate all the answers and what-ifs...the site would be too similar in operation to risk the possibility of a legal mess. If it were a substantially different marketing tact, I might risk it and ride on the waves of those visitors who found me by accident while looking for the other guys!

  11. #11
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    I just wanted to add that it is difficult for a company to obtain a trademark for a word that is in common usage. Companies that have trademarked their brand names will actually fight hard to prevent their brand names from slipping into common usage (for example, Xerox much prefers you to say "I'll go photocopy this" rather than "I'll go xerox this"), because there is a potential danger that they may lose their trademark.

  12. #12
    Full Member ADesertRose's Avatar
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    I understand the xerox thing, but this name is so not a brand name but just a term basically. As much as xerox doesn't like it, how many people DON'T say xerox in exchange for photocopy? Kleenex, for tissue...coke for every soda out there. Unless you're a yankee and then they are all pops huh? LOL

  13. #13
    Resident Genius and Staunch Capitalist Leader's Avatar
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    Unless you're a yankee and then they are all pops huh?
    Exactly, soda is what you bake with--or sometimes a cracker!

    But around here we also are picky about whether the pop is Coke or Pepsi
    And I think they both are yecchy...nothing beats a good root beer!
    There is no knowledge that is not power. ~Hemingway

  14. #14
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    Here's something funny - I occasionally read some of the writing magazines and every once in a while, a huge corporation (like Xerox or who is it that puts out Kleenex? P&G?) will actually take out a full page ad telling writers to please remember not to use their brand name in substitute for the common name, and if they do, don't forget to put the little trademark symbol next ot it in their manuscript. LOL

    Leader, I agree totally about the rootbeer. I prefer A&W or Dad's myself - no caffeine to keep me up at nights

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