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  1. #1
    Join Date
    Jul 2002
    Location
    Canada, Québec
    Posts
    97

    domain name issue with copyrights

    Okay I have a question regarding laws.

    If I register let's say jos-potato.com for myself. And Jo's potato (the fast food restaurant) has jospotato.com. He has the right to sue me for using his name in the domain name and to FORCE me to give/sell him the jos-potato.com name?

    I live in canada, but in the US any idea?


    Regards,

  2. #2
    Join Date
    Jul 2002
    Location
    Toronto
    Posts
    3,795

    Why in the first place?

    Hi fellow Canadian, I'm just curious as to WHY you would want to register e.g. jos-potato.com in the first place when you have nothing to do with Jo's Potato, the fast food restaurant?
    Co-Founder @HostHideout. Profoundly influenced by #Bauhaus, @Nameslave unrepentantly embraces #Minimalism with a bias for functionality, color theory and pixel precision: a #multimedia messenger in the McLuhan sense. His totally irrelevant M.Ed. dissertation examines Organizational Culture and Change Management. He also likes Patrik Ervell, Wong Kar-wai and IKEA.

  3. #3
    Join Date
    Nov 2001
    Location
    USA
    Posts
    315
    He has the right to sue me for using his name in the domain name and to FORCE me to give/sell him the jos-potato.com name?
    Short answer is, yes.

  4. #4
    Join Date
    Sep 2002
    Location
    Knoxville, TN
    Posts
    645
    I think most companies have cybersquatting laws in place now. These make it illegal for someone to register a large company's domain name or similar name hoping to charge the company a lot of money for it.
    A google search on cybersquatting should turn up the latest information.
    Laura K.
    http://www.madmousergraphics.com
    graphic design for grownups

  5. #5
    That's a trademark issue, not a copyright issue. And the trademark owner doesn't automatically get the domain name, as ruled in a couple of recent Federal court cases. There are several other factors to be considered.

  6. #6
    Join Date
    Jul 2002
    Location
    Canada, Québec
    Posts
    97
    okay thank you all!

  7. #7
    Join Date
    Jan 2001
    Posts
    123
    I had rolexclone.com and got a few nasty letters from their lawyers just becasue it had the name "rolex" in the domain name. Basically they said they would sue if I put up a webiste having anything to do with watches.

    I think you can had domain names that include so called trademarks, especially if they are just general words, but you can't use it if you are both marketing similar products.
    Selling text links on a web development and design website.
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