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03-02-2006, 10:30 AM
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Would this Be Illegal?
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Posts: 9
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I own a domain name -- it resembles that of a popular web portal, but is different enough that it could not be mistaken for that web portal's domain. I'm not cybersquatting by any means.
Originally, I bought the domain because I thought it would be fun to use it for my own, personal email addresses. After owning the domain name for over a year, I noticed that it gets a lot of type-in traffic. So, now I'm thinking, I would like to use the domain for a "high standard" weblog directory.
This web portal I mention has a web directory with a weblog category, but the directory does not have the same standards or layout that I'd be using.
Could I still get into legal trouble? Even if it's obvious that my site has nothing to do with the web portal, and is not trying to rip it off in any way?
Edit: the domain name is yahooooooooo.com
Last edited by Grumpy McGrump : 03-02-2006 at 02:42 PM.
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03-02-2006, 11:22 AM
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Re: Would this Be Illegal?
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Posts: 2,114
Name: Matt. (>',')>
Location: London, England.
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What's the domain name?
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03-02-2006, 11:42 AM
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Re: Would this Be Illegal?
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Posts: 9
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The reason I haven't posted the domain name, is because I'm not sure if that would be considered spam. If it's ok with the admins or mods, I'd be happy to do so.
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03-02-2006, 01:43 PM
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Re: Would this Be Illegal?
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Posts: 71
Name: Michael Stubbs
Location: Warrington, UK
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Quote:
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Originally Posted by Grumpy McGrump
I own a domain name -- it resembles that of a popular web portal, but is different enough that it could not be mistaken for that web portal's domain.
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Hmm...doesnt sound like a problem.
Quote:
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Originally Posted by Grumpy McGrump
This web portal I mention has a web directory with a weblog category, but the directory does not have the same standards or layout that I'd be using.
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That seems ok.
Quote:
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Originally Posted by Grumpy McGrump
Could I still get into legal trouble? Even if it's obvious that my site has nothing to do with the web portal, and is not trying to rip it off in any way?
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Your using a domain that "resembles that of a popular web portal, but is different enough that it could not be mistaken for that web portal's domain", you've said your self that your not trying to rip this other web portal off, you've said this other web portal is not using the same layout or standards that you would be using and that your site has "nothing to do with the web portal" so I fail to see the problem.
So basicly your making a site that just happens to be ever so slightly similar to another site (in the domain only). I'm pretty sure that will not get you into any legal trouble.
Last edited by Miki : 03-02-2006 at 01:45 PM.
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03-02-2006, 02:37 PM
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Re: Would this Be Illegal?
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Posts: 2,099
Name: Adam
Location: Colchester CT
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Quote:
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Originally Posted by Grumpy McGrump
The reason I haven't posted the domain name, is because I'm not sure if that would be considered spam. If it's ok with the admins or mods, I'd be happy to do so.
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Go ahead and post the domain, it will help others in giving you better advice if they can see how close your domain resembles that of the 'other portal'
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03-02-2006, 02:42 PM
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Re: Would this Be Illegal?
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Posts: 9
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Ok, thank you.
The domain name is yahooooooooo.com
Like I said, it's similar. But there's no way anyone would mistake that for yahoo.com, or accidentally type nine Os instead of two.
What do you think?
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03-02-2006, 02:47 PM
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Re: Would this Be Illegal?
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Posts: 2,114
Name: Matt. (>',')>
Location: London, England.
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I think yahoo would have a problem with it.
It's not like you got the domain without yahoo in mind.
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03-02-2006, 05:19 PM
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Re: Would this Be Illegal?
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Posts: 71
Name: Michael Stubbs
Location: Warrington, UK
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@ stOx:
I'm not convinced Yahoo would have a problem with it. It's the same principle as http://www.goooooogle.co.uk redirects to some site called Random Cube.
@ Grumpy:
Well, as I just said to stOx, it's the same principal as goooooogle.co.uk . If Google's kool with that, I'm sure Yahoo will be for yahooooooooo.com . However I would 'watch your back' if I were you.
If Yahoo DID loose there kool and make any threats of legal action, I personally would (if I were in your shoes) abandon the domain completly.
After all, 1 person vs Yahoo. I think we all know who would win.
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03-02-2006, 06:33 PM
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Re: Would this Be Illegal?
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Posts: 901
Name: Harvey C
Location: Brighton, UK
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1.) Go to forum.freeadvice.com and ask there. They know their stuff.
2.) Put a small notice on the footer saying "we are not affiliated in any way with Yahoo.com". Hackoo.org used to do this, but don't anymore...
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03-02-2006, 08:13 PM
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Re: Would this Be Illegal?
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Posts: 535
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ive looked into this stuff once. you cant copyright a domain name, so if I got to microsoft.com faster then MS they could do nothing to me.
__________________
I have the heart of a child, I keep it in a jar on my desk.
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03-03-2006, 12:15 AM
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Re: Would this Be Illegal?
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Posts: 9
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I've handed out Talkupation points to all who helped me. Will also try out the forum that was suggested.
Thanks everyone!
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03-03-2006, 12:20 AM
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Re: Would this Be Illegal?
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Posts: 535
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but I should ad one more thing, you may not claim you are the company, if I said I was microsoft on the site, I would get sued
__________________
I have the heart of a child, I keep it in a jar on my desk.
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03-03-2006, 12:24 AM
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Re: Would this Be Illegal?
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Posts: 9
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I understand. I have no interest in impersonating Yahoo. 
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03-03-2006, 12:49 AM
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Re: Would this Be Illegal?
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Posts: 8,935
Name: Steven Bradley
Location: Boulder, Colorado
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Grumpy I think you'll be fine using the domain name. You might want to add the not affiliated with Yahoo thing, but it should be ok. If you only added one extra 'o' then I could see where Yahoo woudn't be too happy.
Dan I think there have actually been some cases where someone registered a domain that most people would naturally assume belonged to a certain company and I think the person who registered the name was forced to give it up. My memory is failing me on the specifics, but I'm pretty sure it's happened. I think it's also happened with people registering a famous person's name as a domain. Again I'm fuzzy on the details, but I think the ruling was that the name was so associated with the exisitng company or person that they had the right to the domain even if they weren't the ones to originally register it.
Last edited by vangogh : 03-03-2006 at 12:50 AM.
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03-03-2006, 02:42 AM
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Re: Would this Be Illegal?
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Posts: 2,114
Name: Matt. (>',')>
Location: London, England.
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They might be ok with it, They might not,
But if you were going to be making a "high standard" weblog directory would you risk it? I know i wouldn't...
Even at best it would look a bit cheesy to the visitors.
Would be better to come up wiith something orriginal.
Quote:
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but I think the ruling was that the name was so associated with the exisitng company or person that they had the right to the domain even if they weren't the ones to originally register it.
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Sounds like Gmail.
An English company took google to court because they had registered the name Gmail in britain, and now British users who registter for gmail get an @googlemail.com address.
Last edited by stOx : 03-03-2006 at 02:45 AM.
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03-03-2006, 02:48 AM
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Re: Would this Be Illegal?
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Posts: 9
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Quote:
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Originally Posted by stOx
They might be ok with it, They might not,
But if you were going to be making a "high standard" weblog directory would you risk it? I know i wouldn't...
Even at best it would look a bit cheesy to the visitors...
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That is very true. I hadn't thought about it like that.
Thanks. 
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03-15-2006, 11:02 AM
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Re: Would this Be Illegal?
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Posts: 77
Name: Sarah
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Dan 1088352 -
Small point but it's nice for me to have something useful to contribute once in a while!
You say that if you got to microsoft.com faster than them they could do nothing. This is untrue. Microsoft own the trade mark MICROSOFT. They would likely institute proceedings based on their trade mark rights and you would likely be forced to transfer the domain to them. It is usually necessary to show that the registration of the domain was made in bad faith but with a company that size it would likely be taken as read that you had registered this to either trade of their reputation or to make money by selling it back to them.
Copyright has nothing to do with this issue.
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04-07-2006, 05:29 PM
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Re: Would this Be Illegal?
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Posts: 242
Location: Orlando, FL
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kinda off topic, but...
I love your 404 Page!
__________________
Jyoz
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04-09-2006, 04:28 AM
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Re: Would this Be Illegal?
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Posts: 44
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Quote:
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Originally Posted by dan1088352
ive looked into this stuff once. you cant copyright a domain name, so if I got to microsoft.com faster then MS they could do nothing to me.
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That is not necessarily true. There are instances where a corporation such as Yahoo can claim that their intellectual rights where stolen. Another example is a gentleman in the UK owns a computer company and his name is Michael Dell. He purchased the domain name dellwebdesign(or something relativley close. I do not remember the exact domain). Dell sued him and was able to make him give up that domain name. Just be careful when you are that close to a company like that. They can afford to sue anyone.
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05-03-2006, 07:11 AM
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Re: Would this Be Illegal?
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Posts: 16
Location: Italy
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I think you can try to setup your site using this domain. If Yahoo will find something irregular they will claim their rights for sure. In this case shut down your site immediately to avoid legal problems.
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