The scenario:

- 'New' host
"GRAND OPENING! JUNE 21st, 2002 "

- Was previously aware of HostIt365com, a frequent contributor on WHT but created a very similar domain name anyway:
"I became aware of Hostit365.com a while back. However "hosting it 365" is generally used within the web hosting industry. I simply intergrated it into a domain name"

Vote - brand theft? poor taste? acceptable? Make your views known.


Source:
http://www.webhostingtalk.com/showthread.php?s=&postid=400559

ps, I have no relationship with either party. I feel this was a very poor decision of [everyone] et al at HostINGit365.com.

If enough feel the same, perhaps he will consider revisiting his ethics rule book.

Perhaps if you could show us a case of brand theft we could vote?

Call it brand theft, call it ethical behaviour. The intent of the poll is to determine how most people feel about the issue.

Since 365 appears to have a hard time understanding basic concepts, a repost of the analogy posted on another thread:
Ok, an analogy:

Michael Jackson, from Ireland, is a solo vocalist who sings and dances and advertises in the local papers his performances.

Michael Jackson, living somewhere in a secluded mansion, is an American performer and is quite famous, and advertises in US papers when he is performing in a US city.

Both operate very well with no issues, despite identical names.

---

Then Michael Jackson and Michael Jackson both post on MusicTalk.com their upcoming performance at the Main Street Hall.

In fact, Michael Jackson from Ireland notes the similarity and posts interesting tidbits, to him, about his life and gains a following because people mistake him for the other Michael Jackson.

Confusing? Yes, because of context and proximity.

So...
HostIt365 reviewed the situation over a year ago and because Host365.com was not focussed on US business felt it was ok to go ahead.

HostingIt365 reviewed the situation days or weeks or months ago, was aware of the already established HostIt365.com, and decided to go ahead and register it *and* promote their business here in the same place where the other, very similar domain, was well established.

I would have to agree that it is brand theft. If I go and found a company called Microosooft, wouldn't you consider that brand theft? Same thing, HostingIt365 KNEW about HostIt365.com, and i'm sure they were wise enough to realize it would cause trouble.

I wouldn't choose such a name because, as the owner, I would find it irritatingly close. It is indeed confusing. :rolleyes:

well if hostingit365 was successfully accused of brand theft, then you would also have to possibly consider hostit365 also guilty of brand theft from host365, using the same criteria.

Its a long discussion, but boils down to:

- if you have the same or similar name and use it to harm the other, you are probably guilty

- if you have the same or similar name but operate in different regions or parts of the world and no harm comes from it, you are probably not guilty of anything

Companies that truly are global - like Coke or Pepsi or Ford for example, have a right to protect their brand globally. There's a Helen's Bakery all over the place but its not an issue.

Just because a business is plugged into the internet does not automatically mean they are a global brand.

Originally posted by hostjet
well if hostingit365 was successfully accused of brand theft, then you would also have to possibly consider hostit365 also guilty of brand theft from host365, using the same criteria.

LOl hostjet, i'd better remind you, that making comments like that are gonna make you look like a 12yr:D

i'd better remind you, that making comments like that are gonna make you look like a 12yr

had to come back and edit this post, i thought you were insulting me, but now realise you were not, after reading this thread

http://webhostingtalk.com/showthread.php?s=&threadid=56375&perpage=15&pagenumber=4

This might get me in trouble here - but I think HostingIt365.com did nothing wrong here - or in many none English languages I'm doing much worst. My customers think I'm doing great by them - so I get the big bucks ;)

As a host they should be judged by their performance only - *****.com is a nicer domain anyway then those 365 domains - is it not?

What about Host.com and Hosting.com - anyone add any number or letter (s) to there domain will get into trouble?

Please see my post at:
http://www.webhostingtalk.com./showthread.php?s=&postid=401243#post401242

Many Thanks :)

As I said in the thread referenced above...

You can debate it all day long but there are proper channels to handle this sort of thing. It really doesn't matter what anyone thinks, if you feel your name has been used inproperly, let the lawyers sort it out.

Originally posted by Chicken
As I said in the thread referenced above...

You can debate it all day long but there are proper channels to handle this sort of thing. It really doesn't matter what anyone thinks, if you feel your name has been used inproperly, let the lawyers sort it out.

Bang on, that is the bottom line of it all.

I don't think so... if life had to be lived with lawyers day in day out or always solved in the courts, life would probably not be worth living.

People can decide for themselves if its 'right' or 'ethical' that a new hosting company picks a name which is extremely similar to an existing company targetting the same market.

My own feeling is that it isn't ethical, or smart. The poll results seem to suggest that others share in this opinion more or less.

Remember that what is unethical may be legal but it isn't neccessarily right.

mwatkins - No ofeence, but who appointed you moral guardian of the internet?

The comparison of saying HostIt365 is OK, because Host365 target a different audience does not apply due to the global nature of the Internet and web hosting - a customer from Host365 target market could quite easily buy from HostIt365 instead - this can't really happen with Helen's Bakery as they are in geopgraphically different locations which 99.99% of the time prevents you from buying from the other one.

Besides, as Chicken said - there are procedures and law in place for things like this.

LOL I don't consider myself the moral gaurdian of the Internet -- but just the same I'm appalled that so few people choose to speak up on issues of greater and lesser importance.

It seems that people are content to wander about their daily lives without getting involved or even expressing their opinions about the world around them -- at least in comfortable North America. I got involved in politics because of the apathy I see in every day life - people complain, bitch and moan, but do nothing. Avoid confrontation. Many have no sense of duty or responsibility to think about issues and contribute their voice.

People should have opinions, and they should voice them. The Internet makes that easier, and more difficult, all at the same time. But still worth trying...

Yes, I agree, people should voice their oppinions more. But in this case, you can't say that HostingIt365 is any different to HostIt365 and Host365 - it's the same sort of thing going on. In the case of HostIt365 it's very short sighted that they didn't register HostingIt365 as well.

if you register a "host" domain, i believe it is more important to try and also secure the "hosting" variant and vice versa.
I think this is more important than trying to secure the .net equivalent, because if someone later registers the .net they will be bringing you free traffic, but if someone registers the same name with or without the "ing" you stand to possibly lose traffic and customers.
I agree, that at the end of the day, there are procedures that can resolve this dispute, if you could call it that, but they are rather costly.

Of course it is confusingly similar. Aren't...
http://communitech.com and
http://communitech.net
-just a tad bit similar?

Aren't...
http://www.apple.com
http://www.apple.net
http://www.apple.org
http://www.apples.com
http://www.apples.net
http://www.aapple.com
http://www.aapples.com
http://www.theapple.com
http://www.theapples.com
http://www.applecom.com
http://www.applenet.net
http://www.applenet.com
http://www.applecom.net
-and all the various county TLDs out there and combinations so confusingly similar that it just makes one want to kill one's self?

Luckily they've developed a solution:

http://www.apple.info
http://www.apple.biz

:rolleyes: Yes, it is a nightmare, beyond the example that this thread is about. Don't worry, there'll be more extensions and country codes soon to solve the problem...

Originally posted by mwatkins
. . . . . . . . . . . .

Remember that what is unethical may be legal but it isn't neccessarily right. And, that which is illegal is not neccessarily "wrong."

Originally posted by SoftWareRevue
And, that which is illegal is not neccessarily "wrong."

:agree:

I have a personal experience of name hijacking but in my case it was my business name. I have a limited comp-any in the UK called Motorsport News Limited. Last year a large publisher decided to change the name of one of their publications from Motoring News to Motorsport News. I called the company explaining that we work in the same sector and that my company was called Motorsport News and their basic reply was, so what you going to do about it.

I employed a barrister who specialises in Trade Mark law and I was advised that even though my company had traded for nearly three years with this name, I did not have a cut and dry case because I had to prove a loss and this is very difficult.

The first step to stop them was to gain an injunction, cost of this would be around £30,000 ($45,000 USD) the cost of fighting the case would be considerably greater and I was advised that they have far more money than me and would push until I ran out of money.

The top and bottom of it is that life isn't fair but you can dwell on things and become bitter which is what I didn for a short while (it totally consumed me) or you can swallow the bitter pill and move on.

The ironic thing about this thread is that hostingit365, the company that hostit365 feel threatened by, have been given some real quality exposure. If it hadn't been made an issue, most people wouldn't have batted an eyelid.

hostingit365, the company that hostit365 feel threatened by, have been given some real quality exposure
i dont think it is the type of exposure that would convert to paying customers, then again, i could be wrong.

here's an interesting one, hostrocket.com and rockethost.com, although rockethost.com is also known as datapipe.