Is It True? (Read Details)?

Question

Can i get sued if i made a same website name as someone else but a different domain?

example: if i made a site www.games.com and if someone had a site www.games.ca , could they sue me?

Answer 1

No, UNLESS you are caught deliberately infringing on someone else's trademark.

They CAN take legal action if it appears that you are intentionally trying to make a consumer think that you are affiliated with the trademark holder.

Example: Let's say that fordmotorcompany.com found your website called fordmotorcompany.net was selling used Ford automobile parts. A consumer might reasonably think, because of the use of the same name as the real Ford Motor Company, that your site is part of Ford.

This could be construed as deliberately misleading and Ford could sue you for infringement on their copyright and their good name.

That is why many companies win when cybersquatters try to hold on to domain names, using the name of popular products or companies, in order to sell them to the company when they want to establish a website. It can be a fine line. A man had a well established website, many years ago, for a chain of fast food restaurants called Fry's. When a large chain of consumer electronic's retailer, Fry's Electronics, later, wanted to put up a web site, they brough suit against the restaurant on the basis that Fry's Electronics was bigger and more well known than Fry's, the hamburger stand.

Fry's electronics lost that one.

On the other hand, a woman named McCauffy opened up a coffee stand and called it, "McCauffy's." One wouldn't think there'd be a problem with someone nameing the buisines after herself. But, the McDonald's corporation successfully sued and forced her to change the name of her store, because the hamburger chain serve a trademarked product named "McCoffee." Different spelling, but McDonald's won against McCauffy's. Was this right or was it a case of a little business going up against the big guns?

Answer 2

This depends. If you go to http://www.nissan.com (link below goes directly to the history of the issue) and read the details on his page, you can get a long running history of a battle between Uzi Nissan and Nissan Motor Corporation. I think the big issue is if you are trying to capitalize on someone else's hard work of building up a name. Another example is the Microsoft versus Lindows (a Linux OS that tried to play off the "Windows" name). Lindows ended up changing their name to Linspire.

If you have a legitimate business at that name, you may have a valid use of that name. If you don't, likely you'll be forced to give up the domain name and probably have to eat the legal cost in trying to defend it.

Answer 3

no they can't.

if you bought a domain name it is rightfully yours. if the other person wants that specific domain they could purchase it off you.

Answer 4

I really don't think so.
UNLESS
you have copied all their HTML and are posting it on your own.
For that why can sue.
It's called Phishing.

Answer 5

of course !
be careful !