Hi,
I wanted to register this: domainname.com , but it was already taken .
Then I checked : domain-name.com and this time the name was available .
So , can I register the domain-name.com and not having problems with the domainname.com owner ?
This domain is not a popular domain , neither it's a global trademark . So , does that mean that the domainname.com owner has the right to complaint a file against me at wipo ? or he doesn't hold any rights to do it ?
I heard that registering the same trademark will be illegal , but registering a non-trademark with dashes is considered illegal also ?
I appreciate your help and suggestions !
Thank you !

Will you be offering the same type of services/products as domainname.com ?

If not you should be ok.

Posted by Selpaw :
Will you be offering the same type of services/products as domainname.com ?
yeah man, I will be offering the same services as domainname.com , it's gona be hosting and domain name registration services !

If not you should be ok.
If yes ...... ??? what should I do ? still illegal ? even though wish a dash , and considering the fact that domainname.com is not a trademark neither a popular website ??? :confused:

and considering the fact that domainname.com is not a trademark ...
Just curious, how do you get the idea that it is not a trademark?

Just curious, how do you get the idea that it is not a trademark?

I knew it because at the bottom of their site , they placed :
©2005 'Domainname' , all rights reserved. Read our terms of service.
And when I click on their terms of service link , a new page opens stating only their domain registration and hosting TOS's ( they are a domain registration and hosting company ) , not their company TOS or copyright policy !
So , what do you think ?

You'd risk losing some (maybe a lot of) your business to the unhyphenated company. People forget to type in the hyphen, and they might not include the hyphen if they're saying the domain name.

I don't have an answer to your legal question, but consider this. In 2003, a teenage kid named Mike Row created mikerowsoft.com, and Microsoft went after him. I don't know if they would have won their case on merit alone, but they offered to compensate him well enough that he gave up his domain name to them. And the coffee shop chain Starbucks went after a small restaurant named Haidabucks (http://www.cbc.ca/stories/2003/04/17/Consumers/Haidabucks_030417) because of "bucks" in the name, even though it referred to native culture in that name.

Of course it depends in part on how big the other company is.

Lois

Thank you writespeak,
I know that putting a dash in my business domain is very risky cause I will loose customers who might forget to type the dash or whatever , but this part of the issue is not important to me because I'm a beginner small business .
Let's consider this :
www.webhosting.com is a domain owned by SBC Hosting in partnership with Yahoo!
www.web-hosting.com is a domain owned by a company named : Dezines ( designs ) who also sells web hosting .
So why didn't the "Giants" SBC & Yahoo complaint about it ?

Of course it depends in part on how big the other company is.
I will assume you one more time cause this company is not popular at all :
it is ranked : 4,271,642 at www.netcraft.com .
And let's not forget that they didn't even state their company TOS or copyright Policy !
So , What's your suggestions & opinions about it ?
Thank you !

Even so, it's based on their pre-existing name and branding, and is the same business type. If they learn of it, they have a good case to get you closed down.
I suggest you choose another name, since you haven't even openend your "doors" yet, and already have an existing conflict that could harm you later.

Let's consider this :
www.webhosting.com is a domain owned by SBC Hosting in partnership with Yahoo!
www.web-hosting.com is a domain owned by a company named : Dezines ( designs ) who also sells web hosting .
So why didn't the "Giants" SBC & Yahoo complaint about it ?

"web hosting" is a general term , and it is not considered as a brand or trademark . So , do you think that's why SBC & Yahoo didn't complaint about it since they don't have "webhosting" as their own trademark ?
In my case , the domainname.com that I want is also not considered a trademark , instead it's a general term like let's say : domainregistration.com , webdesign.com ... not like : google.com or microsoft.com < brands and Tm's .

So , shall I go with domain-name.com since it is not a brand but a general term , or will it stay an illegal stuff ??
Sorry , but I'm a little :confused: about it . Appreciate ur help. :)

I may second those that already said that.: You may want to choose another, new, 'virgin' name..

I wouldnt want a name for a new company thats based or identical to an extisting company, even if its not a registred company or a trademark..

Imitating an existing company's name in the same business with only a hyphen's difference looks awfully risky to me. I'm not a lawyer. If you plan to invest a good amount into this business it might be a good idea to put together a list of this and other possible legal questions and pay for an hour (or half hour if it's available) of consultation time with a real lawyer.

You'd risk losing some (maybe a lot of) your business to the unhyphenated company. People forget to type in the hyphen, and they might not include the hyphen if they're saying the domain name.
Damn straight. The hyfenated domains are inferior to their non-hyfenated versions. If you brand a hyfenated domain, your brand will spill up to the non-hyfenated domain. I would strongly advise against that.

[quote}Damn straight. The hyfenated domains are inferior to their non-hyfenated versions. If you brand a hyfenated domain, your brand will spill up to the non-hyfenated domain. I would strongly advise against that.[/quote]

100% agree. get both if you can, and any plurals. Redirect all to the non-hyphenated name.

Save yourself a lot of hassle down the line and try and think of something unique.

Why go to the bother of building your business based on a domain which will always be "border line".

You are likely to lose business to the "proper" domain name, rather than gain anything from it, so whats the point?

Save yourself a lot of hassle down the line and try and think of something unique.

Damn man , all the unique names are already taken !!! :spiny:
But as all of you said , I think I should go to find another name .
By the way , does anyone know some good softwares or websites that generates domain names by typing a keyword , I know this : domainsbot.com , but it didn't help me at all , it generates very long and ugly names :D !
Thank you .

You could explore the options at www.whois.sc

Damn man , all the unique names are already taken !!! :spiny:
The truly unique ones haven't even been thought of yet. :)

The truly unique ones haven't even been thought of yet.:)
Yeah Aussie , that's a good one from you ! :gthumb:

Just one more thing , hope to get your help again :
If domainname.com is listed for sale and not an active site with a business running on it , and domain-name.com is not already registered , can I go with that dashed domain and begin my business , or it is also considered a risky situation ?
As others said , an hyfenated domain is not a smart thing to begin a business with, but I really don't care about it cause I can't find anything bad with a dash between two words , in fact it make the domain more visible , LOL ! I'm just concerned about the legal situation for that case ^ .....
Thank you again guys !:wht:

You can't get any legal advice here. You can do it of course, but it's not a smart idea. Just find another name.