Will I have a problem with a similar URL to a competitor?
Discussion
Hi guys,
I just wanted some opinions on the above. I've been quite keen to get into a particular industry for a while now, while searching I found a URL that I really liked and purchased it.
After doing more research I came across a website URL that is almost identical, it is the same two words but with a hyphen In between, for example if my domain is www.nicecar.com theirs is www.nice-car.com
Their site is predominantly an online shop which is one of the Ideas I was looking at. If it makes any difference their branding and limited company is something else e.g automotive supplies ltd.
I was just after some insight and advice on issues that this could raise.
Thank you
I just wanted some opinions on the above. I've been quite keen to get into a particular industry for a while now, while searching I found a URL that I really liked and purchased it.
After doing more research I came across a website URL that is almost identical, it is the same two words but with a hyphen In between, for example if my domain is www.nicecar.com theirs is www.nice-car.com
Their site is predominantly an online shop which is one of the Ideas I was looking at. If it makes any difference their branding and limited company is something else e.g automotive supplies ltd.
I was just after some insight and advice on issues that this could raise.
Thank you
I'm not a lawyer but I'd simply ask this, if you registered coca-cola.com or pepsi-cola.com do you think you would have an issue and if so do you think "I'm not trying to make anyone think I'm you" would work?
It may be that the specific words/brands/names involved aren't something people would associate with your competitor, but you take the point, you may be being cautious, or you may be simply asking "I know I'm doing something wrong but how likely is it to really bite me".
It may be that the specific words/brands/names involved aren't something people would associate with your competitor, but you take the point, you may be being cautious, or you may be simply asking "I know I'm doing something wrong but how likely is it to really bite me".
Edited by b
hstewie on Tuesday 31st July 08:01
hstewie on Tuesday 31st July 08:01Generally you'd buy all the similar sounding domains around your chosen one to stop this happening, we own around 10-15 similar to ours including mis-spellings that we use as re-directs to the correct one.
If someone hasn't done this basic step then the opportunity is yours. As much as you'll pick up trade from their customers you'll also find that some of yours end up over with them.
We have a lot of people phone us and send us returns from a competitor with a totally different name just because we sell similar products. We also have a lot of people who default to typing .com rather than .co.uk so it's really easy to lose traffic that way.
If the competitor hasn't protected around their chosen domain then it's fair game, if you don't register that, then be sure that someone else will soon enough.
If someone hasn't done this basic step then the opportunity is yours. As much as you'll pick up trade from their customers you'll also find that some of yours end up over with them.
We have a lot of people phone us and send us returns from a competitor with a totally different name just because we sell similar products. We also have a lot of people who default to typing .com rather than .co.uk so it's really easy to lose traffic that way.
If the competitor hasn't protected around their chosen domain then it's fair game, if you don't register that, then be sure that someone else will soon enough.
As mentioned, commercially you'd do well to establish something completely different.
If the other company screwed up big-time, your reputation could suffer. This can apply even if you're in different business sectors.
But was it appears you will be operating in the same sector, legally you might be in murky waters in the matter of 'passing-off' - i.e pretending to be a different company to benefit from their position and marketing.
For the sake of a re-think and a few quid - I'd got for something different.
If the other company screwed up big-time, your reputation could suffer. This can apply even if you're in different business sectors.
But was it appears you will be operating in the same sector, legally you might be in murky waters in the matter of 'passing-off' - i.e pretending to be a different company to benefit from their position and marketing.
For the sake of a re-think and a few quid - I'd got for something different.
You can use it unless it’s trademarked. As well; as long as any trade cannot be deemed off of the back of their established reputation; which is where it could get a little harder. Even if that’s not your intention; they could paint a picture that that is what is happening.
Personally; I’d choose another name and use the domain you’ve booked to just redirect to your new site.
Personally; I’d choose another name and use the domain you’ve booked to just redirect to your new site.
LDN said:
You can use it unless it’s trademarked. As well; as long as any trade cannot be deemed off of the back of their established reputation; which is where it could get a little harder. Even if that’s not your intention; they could paint a picture that that is what is happening.
Personally; I’d choose another name and use the domain you’ve booked to just redirect to your new site.
any domain being used for business can be argued to be a mark of trade / trademark - even if not formally registered, it is simply an unregistered trademark, and while a little trickier to defend, it is no less a trademarkPersonally; I’d choose another name and use the domain you’ve booked to just redirect to your new site.
therefore anyone just adding or subtracting a hyphen within a domain name, in the same line of trade has a clear conflict with the original business' trademark - we have been successful (with ease) at closing down similar domains which are not even as close as a hyphen difference...
I just wouldn't go there
akirk said:
LDN said:
You can use it unless it’s trademarked. As well; as long as any trade cannot be deemed off of the back of their established reputation; which is where it could get a little harder. Even if that’s not your intention; they could paint a picture that that is what is happening.
Personally; I’d choose another name and use the domain you’ve booked to just redirect to your new site.
any domain being used for business can be argued to be a mark of trade / trademark - even if not formally registered, it is simply an unregistered trademark, and while a little trickier to defend, it is no less a trademarkPersonally; I’d choose another name and use the domain you’ve booked to just redirect to your new site.
therefore anyone just adding or subtracting a hyphen within a domain name, in the same line of trade has a clear conflict with the original business' trademark - we have been successful (with ease) at closing down similar domains which are not even as close as a hyphen difference...
I just wouldn't go there
I wouldn’t, even if “allowed”.
You are wanting to build a brand, if you look at google and search for a brand name (try amazon) you will see their search result right at the top with also categories listed.
Now competitions for the same name, with the other brand being older, you will have a lot of difficulty getting your brand to the top.
Now I don’t think seo is everything however people searching for your brand will expect it at the top of any google result.
You are wanting to build a brand, if you look at google and search for a brand name (try amazon) you will see their search result right at the top with also categories listed.
Now competitions for the same name, with the other brand being older, you will have a lot of difficulty getting your brand to the top.
Now I don’t think seo is everything however people searching for your brand will expect it at the top of any google result.
I've had a few URL's removed that were too close to my own over the past 5 years.
Don't go there. Nominet will always side with the oldest domain. There are factors, like domains registered but not in use, that can sometimes be exceptions but in cases where a URL is being actively used and someone deliberately - or accidentally - uses a very similar one, the owner of the oldest can apply to have the newer one closed.
That is without involving any Regulatory bodies for whatever industry you are in. If you have a Regulatory body, they too will close down competitors URL's (by withdrawing licenses) since they do not like confusion to be caused for customers.
I've gone down both routes and been very successful; it just isn't allowed and they will act if they receive a complaint, Trademark or not. (I've even had someone Trademark name similar to one of my websites; still got closed).
Don't go there. Nominet will always side with the oldest domain. There are factors, like domains registered but not in use, that can sometimes be exceptions but in cases where a URL is being actively used and someone deliberately - or accidentally - uses a very similar one, the owner of the oldest can apply to have the newer one closed.
That is without involving any Regulatory bodies for whatever industry you are in. If you have a Regulatory body, they too will close down competitors URL's (by withdrawing licenses) since they do not like confusion to be caused for customers.
I've gone down both routes and been very successful; it just isn't allowed and they will act if they receive a complaint, Trademark or not. (I've even had someone Trademark name similar to one of my websites; still got closed).
LDN said:
akirk said:
LDN said:
You can use it unless it’s trademarked. As well; as long as any trade cannot be deemed off of the back of their established reputation; which is where it could get a little harder. Even if that’s not your intention; they could paint a picture that that is what is happening.
Personally; I’d choose another name and use the domain you’ve booked to just redirect to your new site.
any domain being used for business can be argued to be a mark of trade / trademark - even if not formally registered, it is simply an unregistered trademark, and while a little trickier to defend, it is no less a trademarkPersonally; I’d choose another name and use the domain you’ve booked to just redirect to your new site.
therefore anyone just adding or subtracting a hyphen within a domain name, in the same line of trade has a clear conflict with the original business' trademark - we have been successful (with ease) at closing down similar domains which are not even as close as a hyphen difference...
I just wouldn't go there
but I suspect it might not be quite so generic!Gassing Station | Business | Top of Page | What's New | My Stuff