Domain Name

Started by ilikeblazin, 06-08-14 at 12:12 AM

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ilikeblazin

If someone has the a domain like "hiitv" and I choose to make "hiiitv"
Does that have any conflict with the law?
For Future.

Robert T Nicholson

This could be a problem.

If the domain hiitv is being used to offer products or services (even "information" can be a service), then the owner has trademark rights in the domain name.

If you have a similar domain name, and offer similar products or services, then you could create a "likelihood of confusion," and give the owner of the other domain grounds for legal action against you.

(Note that you may be threatened, or even sued, whether of not the other party has sound legal basis - but if you have not violated trademark rights, you would have a strong defense.)

Before you invest in a domain name, it's a good idea to understand the basics of trademark law, and do a trademark search. 
This post is provided for information purposes only, and does not constitute legal advice.

Robert Nicholson Consulting | Copyright Safeguard | ED Treatment Center

ilikeblazin

It is a chinese website that offers:
Domain traffic statistics
Domain Names & Meanings (Information about other domain names)

I am creating a tv & movie streaming site, which has nothing to do with this site.
Is it still a problem?

Robert T Nicholson

Quote from: ilikeblazin on 06-08-14 at 01:38 AM
It is a chinese website that offers:
Domain traffic statistics
Domain Names & Meanings (Information about other domain names)

I am creating a tv & movie streaming site, which has nothing to do with this site.
Is it still a problem?

In general. nobody can say "it won't be a problem" - because the other company can sue you on very thin grounds, or no grounds at all.  They can also use the UDRP process to dispute your domain registration if they feel you have violated their trademark. 

So it all comes down to a question of probabilities and business risk.

From what you've said, it sounds like the two services are unrelated.

Also, bringing legal action across international boundaries can be expensive and complicated.

However - even if you don't have a problem with the site you mentioned, you might have a problem with someone else.

That's why, before you set out to establish a "brand,"  it's always a good idea to have a search done.  (Unless your investment is very small, in which case you can just change domains and rebrand if anyone challenges you.)



This post is provided for information purposes only, and does not constitute legal advice.

Robert Nicholson Consulting | Copyright Safeguard | ED Treatment Center

ilikeblazin

Thanks.
If I search my domain in google & all that comes up are hastag signs #blahblah #blahblah
Thats PERFECT, right?



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