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Legal question - web addresses

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Old 26-04-2007, 10:40 AM
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St3V3_C
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Default Legal question - web addresses

If a domain name is not registered to anyone, what's the rules on it?

Our company might want to get hold of some names that are similar to our products, and forward to our main site.

If we find a .co.uk version that another company has registered the .com one, can we use it?
Old 26-04-2007, 10:44 AM
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ballin
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depends on trademarks/copyrights.

for example (this may not be exactly correct for this example) you can not use microsoft in any of your domain name as its trademarked/copyrighted.

like i say, that example may not be the case (but im sure it is being MS!) but certainly some words you can not use
Old 26-04-2007, 11:48 AM
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nilrem
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i always thought that if it was un-regestered then it was first come first serve...

but i suppose you might have a problem with false advertisment if you were selling something similar or could have a sue-ing if you start slating the company...
Old 26-04-2007, 12:58 PM
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First come first serve if it isn't registered. Register it, use and as long as you have a legitimate business reason for using it, I can't see a problem. If someone does complain in the future, it can't be that big a deal or they'd have registered it in the first place. Usually can be resolved easily.

Cheers

Matt
Old 26-04-2007, 01:11 PM
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As long as you aren't trying to pass off as them there shouldn't be a problem...e.g. apple.co.uk isn't mac...or granny smith...
Old 26-04-2007, 02:26 PM
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Thanks guys.
Old 26-04-2007, 03:31 PM
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Billabong
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But if it is someone elses brand (and they decide they want to use it) and nothing really to do with yours, they can apply to have it re-registered - no matter who registered it first, this was introduced to stop domain speculation, and as Katie say, passing off.

Some notable exceptions where it's a grey area are generic names such as 'Butchers' etc.
Old 26-04-2007, 05:19 PM
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focusv8
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Can anyone else remember the girl that had a web site for her favorite animal as a home project.
It had Jaguar in the address.
Ford took that off her even thought she was not running a business.

.
Old 26-04-2007, 05:31 PM
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Billabong
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Can't remember that one, but here are a couple of examples of how the disputes are handled (both Jaguar examples):

http://www.nominet.org.uk/digitalAss...fordevents.pdf

http://www.nominet.org.uk/digitalAss..._wwwjaguar.pdf
Old 26-04-2007, 05:36 PM
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GARETH T
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on the flip side,, microsoft couldnt take windows.co.uk of a gent in the uk

he did give it to them in the end
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