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Thread: legal issue about name
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08-28-2003, 01:56 AM #1Disabled
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legal issue about name
you know ipowerweb & powerweb are big brothers in hosting biz, say if my domains are powerwebhosting or ipowerwebhosting, can they sue me for using their name ??
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08-28-2003, 01:58 AM #2Disabled
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most likely, its to big of a risk to take... wouldnt do it, especially if you're forced to change your name and the legal fee's involved with it.
No point in risking it.
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08-28-2003, 02:07 AM #3Disabled
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1 more example that's more close to my situation since the word "powerweb" are their trademarks
example: ebay
my domain : ebey
purpose of both sites: online auctions
now, can ebay sue me ??? sorry i have to ask twice since the 1st example contain "powerweb" trademark word and this one doesn't have any "trademark words"
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08-28-2003, 02:10 AM #4Disabled
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Originally posted by 1AsianChic
1 more example that's more close to my situation since the word "powerweb" are their trademarks
example: ebay
my domain : ebey
purpose of both sites: online auctions
now, can ebay sue me ??? sorry i have to ask twice since the 1st example contain "powerweb" trademark word and this one doesn't have any "trademark words"
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08-28-2003, 02:14 AM #5Web Hosting Master
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I'm pretty sure you'll find that Ebay is a trademarked name, and your Ebey Auction site would get a letter from Ebay legal. If you incorporate a trademarked word or phrase and attempt to use it for a similar product or service, you're going to run into trouble. It's the exact thing trademarks are for (to prevent that from happening).
Now, I'm sure you're well aware of Apple Computers. They make those iMac gizmos. You probably would get a 'love letter' from Apple legal if you tried to start up your Apple Computer Services/Web Hosting company, but not if you opened up your Apple Carpet Cleaning business, or Green Apple Landscaping Services company.
The issue is simularity leading to possible confusion.
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08-28-2003, 02:17 AM #6Web Hosting Master
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Like the rest say, do not tempt them. Yes, they could sue and if the purpose are the same and the name almost similiar, it might be close to deceiving their customers. They would have good cause to sue.
If you have doubts, do not do it or else you just be tempting fate and even if you win in the end, the legal proceedings which may drag on for years will kill you financially in legal fees.
It is not something worth playing with.http://www.batchimage.com - Offering Batch Image Processing and TIFF/PDF Software Solutions
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08-28-2003, 02:22 AM #7Disabled
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thanks everyone ..... i'm glad i asked or else .......
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08-28-2003, 02:29 AM #8Web Hosting Master
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If you call your website as eauction or auctionbay, you would probably be at the safer end if you are talking about ebay..
http://www.batchimage.com - Offering Batch Image Processing and TIFF/PDF Software Solutions
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08-28-2003, 03:59 AM #9Disabled
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eddy2099: thanks for your suggestion.
I wish website registrars have the refund policy ...I've just signed up all the domains 3 days ago ....what a waste of my college money
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08-28-2003, 04:51 AM #10Web Hosting Master
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Just take that as lesson learnt. Sadly, I doubt you could get a refund since you selected the names and not them.
http://www.batchimage.com - Offering Batch Image Processing and TIFF/PDF Software Solutions
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08-28-2003, 09:27 AM #11Web Hosting Master
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You may be able to beg your registrar to refund the amount and 'unregister the domains'. It's possible for a certain period, though somewhat unlikely they'll do it. Worth a shot (but I can't recall what the cut off time is where they can't 'unregister' them anymore, you might be past that).
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08-28-2003, 11:55 AM #12Dedicated & Managed VPS Gurus
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Interesting. I have never known a domain registrar to issue a refund.
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08-28-2003, 09:53 PM #13Web Hosting Master
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I've accidentally registered a name or two while testing things, not realizing things were live (DUH!). Luckily I wasn't stuck with the amzingly wonderful and memorable domain: jklhsdfiuyew.com
Begging and claiming you're an idiot may help your case. Not that you are, but it never hurts to get a pity refund! I take what I can get.
I will say that it is probably uncommon to get refunds, and I'd guess it won't work all the time (if ever), but as soon as I made the mistake I fired off an email begging and it worked. It might never work again, and I'm trying to be more careful these days...