trademark domain name typos
trademark domain name typos
Author
Discussion

jamesuk28

Original Poster:

2,176 posts

284 months

Thursday 24th July 2008
quotequote all
what is the situation regarding the following:

joe bloggs (made up name) IS A TRADEMARK so I cant buy even if available joebloggs.com

Assuming I am in the same market as Joe bloggs and I buy joeblogs.com or jooebloggs.com and dont try and pass myself of as him, ie make it clear they are dealing with us can they try and take the domain of us?

IE can we buy typo domain names without infringing copyright?

gopher

5,160 posts

290 months

Thursday 24th July 2008
quotequote all
If you have a good reason to own the name (such as your name is joe blogs) and you don't use it to pretend you are JoeBloggs or to sg off joebloggs then they may have a hard time stopping you from using it although it won't stop corporate lawyers from trying and in the end the thought of the costs involved if you did lose means that you roll over.

In pretty much every other case expect to get hit with a cease order fairly sharpish and demand that you transfer it to their name or court and costs again.

There is an industry out there that protects corporate IP and trademarks and it charges a lot for it's services. - I think a teenager got into a battle with MS because his name was Chris Sharp and he registered csharp.com or something. Needless to say MS stopped him using it but it was promoted in the media in a nice way....

(may have been a different name\technology)


bingbong

2,447 posts

228 months

Thursday 24th July 2008
quotequote all
There was also a canadian IT guy called Mike Rowe, he intially got sued for setting up mikerowesoft.com, but I think they relented in the end.

Edited by bingbong on Thursday 24th July 21:51

JustinP1

13,363 posts

261 months

Friday 25th July 2008
quotequote all
This comes down to old fashioned passing off.

Basically, if you are acting in your own interests, you are called Joe Bloggs, or you already run a company called Joe Bloggs and trade lawfully, then you have a very good reason for acting legitimately in buying the domain.

However, lets say you own Ian Jones.com and Joe Bloggs in the same field is your competitor. It is obvious in that situation that the only reason that you would buy Joe Blooogs.com or another typo would be to take advantage of the Joe Bloggs trading style.

Thus they could argue that you are passing off. There is case law somewhere which shows all this, but cannot reference the case.

Mattt

16,664 posts

249 months

Friday 25th July 2008
quotequote all
I was looking for the Nissan site a while back, and came across the suit on: http://www.nissan.com/

LivinLaVidaLotus

1,626 posts

232 months

Friday 25th July 2008
quotequote all
If they have a TM of Joe Bloggs, and you're running a company in the same industry categorisation as their TM, and you buy JoeBloggs.com when you're ANOther Ltd. then you're very likely to loose it.

jamesuk28

Original Poster:

2,176 posts

284 months

Friday 25th July 2008
quotequote all
LivinLaVidaLotus said:
If they have a TM of Joe Bloggs, and you're running a company in the same industry categorisation as their TM, and you buy JoeBloggs.com when you're ANOther Ltd. then you're very likely to loose it.
Thats not what the question is

Brown and Boris

11,838 posts

266 months

Saturday 26th July 2008
quotequote all

Google ads seem to do this, if you mistype, the first hit is often a competitor.