Is my domain name in threat of being taken?

[Agent Smith]

What is the name of your state (only U.S. law)? Colorado.

Reading about a similar situation on here I have to ask this question:

My domain name is like carrotsRusforum.com and I see there is a carrortsrus company. I did a copyright search of this company and they have copyrighted a number of manuals by the looks of it since they are a technology company.

I don't own a copyright for my domain name or have an LLC. Not even sure if I need a LLC or know anything about that. I don't advertise on my site, but that could change in the future.

I've had this domain now for about one year two months. Should I just scrap this domain and create another? I really don't need to be sued or anything.

Edit- Just did a Google search for carrortsRus.com and I also see a carrortsRus-cabbage.com which is another company completely. What I also found interesting is that it so happens my domain is the same name as a company in the story line of the movie Star Wars that makes droids. LOL! I sure picked a winner for a domain name.

It would be a real PITA if I had to abandon this domain since I have code and links on my site using the domain. Then I have to figure out how my host can change my cPanel since carrortsRusforum.com is my first domain and the cPanel login is based on it. Like carrotsr. Then I have to mess with my domain provider Namesilo and CloudFlare. To make matters worse I have a subforum which is my Wordpress blog to redo, blog.carrortsRusforum.com. Which means I might have to run a database query just to change all of the links.

 

[FlyingRon]

Copyright has nothing to do with this. You can't copyright a domain name. It appears, however, they have a company name or trademark however and if you don't they will likely win a UDRP case. UDRP isn't ruled by any sane principle of law.

 

[quincy]

What is the name of your state (only U.S. law)? Colorado.

Reading about a similar situation on here I have to ask this question:

My domain name is like carrotsRusforum.com and I see there is a carrortsrus company. I did a copyright search of this company and they have copyrighted a number of manuals by the looks of it since they are a technology company.

I don't own a copyright for my domain name or have an LLC. Not even sure if I need a LLC or know anything about that. I don't advertise on my site, but that could change in the future.

I've had this domain now for about one year two months. Should I just scrap this domain and create another? I really don't need to be sued or anything.

Edit- Just did a Google search for carrortsRus.com and I also see a carrortsRus-cabbage.com which is another company completely. What I also found interesting is that it so happens my domain is the same name as a company in the story line of the movie Star Wars that makes droids. LOL! I sure picked a winner for a domain name.

It would be a real PITA if I had to abandon this domain since I have code and links on my site using the domain. Then I have to figure out how my host can change my cPanel since carrortsRusforum.com is my first domain and the cPanel login is based on it. Like carrotsr. Then I have to mess with my domain provider Namesilo and CloudFlare. To make matters worse I have a subforum which is my Wordpress blog to redo, blog.carrortsRusforum.com. Which means I might have to run a database query just to change all of the links.

What is first looked at in domain name disputes is whether a domain name is likely to confuse consumers through its similarity to an existing trademark, this whether the existing trademark holder has his own similar domain name or not. Confusion is most likely if the domain name registrant has incorporated into the registered domain name the complete trademark.

Here is a link to one suit, Interactive Products Corporation v. A2Z Mobile Office Solution, Inc, which can help you see what factors are looked at in a trademark infringement suit. You can read through the entire decision or scroll down to "IV Analysis." Although Interactive Products involved more than a dispute over a domain name, the factors looked at by a court in a domain name dispute are no different than they are in any trademark infringement action: http://caselaw.findlaw.com/us-6th-circuit/1360369.html

FlyingRon spoke of UDRP, which stands for the Uniform Dispute Resolution Procedure. This is a nonbinding arbitration procedure that has been established by the International Corporation for Assigned Names and Numbers (ICANN). ICANN is the agency that oversees the registration of domain names. A trademark holder who wants to prevent the use by another of a domain name that they believe infringes can use UDRP's arbitration procedure to wrest from the other party the domain name in dispute.

Here is a link to the rules of UDRP: http://www.icann.org/udrp/udrp.htm

Because UDRP is nonbinding, however, if a trademark holder is unhappy with the outcome of the results, the trademark holder can still take legal action in court against a domain name holder. Although UDRP decisions tend to favor the one holding trademark rights in the name, as FlyingRon noted UDRP is not as easy or as inexpensive as was intended and the results can be difficult to predict. Many trademark holders will avoid UDRP entirely and try to settle a domain name dispute directly with the registrant or take the domain holder and the trademark infringement matter to court.

It can be important to investigate well before registering a domain name, to ensure the name will not infringe on existing rights. It appears your current domain name could lead to a legal challenge by the trademark holder. You might want to consider a name that is not already in use by another.

Good luck.

 

[FlyingRon]

Note that QUINCY is talking about trademark court issues. As stated UDRP is NOT the same (and his statements about what they "look at first" is not correct). While UDRP isn't "binding" on the parties in the legal sense, it is BINDING on the doman name registrars and their descision to yank your domain will occur IMMEDIATELY. You then can go fight your court case to try to get it back.

 

[quincy]

Note that QUINCY is talking about trademark court issues. As stated UDRP is NOT the same (and his statements about what they "look at first" is not correct). While UDRP isn't "binding" on the parties in the legal sense, it is BINDING on the doman name registrars and their descision to yank your domain will occur IMMEDIATELY. You then can go fight your court case to try to get it back.

I'm sorry. What in your opinion is looked at first when UDRP arbitrates a domain name dispute? The factors looked at in a trademark court case are identical to the factors looked at in a domain name dispute.

The decision to cancel or transfer a domain name is not acted on "immediately." The arbitrators wait before implementing any decision to allow for the filing of a lawsuit (10 days minimum). If court documents are received indicating a suit has been filed, no further action is taken on the domain name until the court makes its decision.

 

[FlyingRon]

I'm sorry. What in your opinion is looked at first when UDRP arbitrates a domain name dispute? The factors looked at in a trademark court case are identical to the factors looked at in a domain name dispute.

THey don't arbitrate trademark infringement. They look at each party to see if they have a good faith use of the name either that they have a trademark or a corporate name that matches the domain. That's what matters in the anticybersquatting procedure. Whether or not the mark "infringes" or not is IMMATERIAL. As they are not examining enfringment, the issue of confusion or not isn't an issue.

 

[quincy]

THey don't arbitrate trademark infringement. They look at each party to see if they have a good faith use of the name either that they have a trademark or a corporate name that matches the domain. That's what matters in the anticybersquatting procedure. Whether or not the mark "infringes" or not is IMMATERIAL. As they are not examining enfringment, the issue of confusion or not isn't an issue.

Good faith registration is one of the factors looked at, FlyingRon and that is when the dispute is a cybersquatting dispute. UDRP also arbitrates trademark infringement (confusingly similar marks) and looks at dilution disputes and looks at whether a party has any legal rights to a domain name - although many of the disputes will include all or a combination of the above.

In other words, not all registrants register a domain name with the intent of selling it back to a company with the same name and not all disputes (or even many anymore) are for cybersquatting. Perhaps cybersquatting disputes are with what you are most familiar.

 

[Agent Smith]

It's amazing that there is this carrotsRus.com and then there is a carrotsRus-cabbage.com which is another company altogether. I imagine that company may face litigation sooner or latter.

I might just think of a new domain name, Google its likeness and make sure no other company has a similar name. This is going to be a project!

Now I was wondering. If I create my new domain peas&podsforum.com and I find there is no other company with that name an then along comes a company called peas&pods.com what happens then? Do I once again have to change my domain name? Would a copyright for me help? I guess you can't copyright domain names, so what recourse would I have if I created that domain name first and along comes this company?

Thanks again!

 

[quincy]

It's amazing that there is this carrotsRus.com and then there is a carrotsRus-cabbage.com which is another company altogether. I imagine that company may face litigation sooner or latter.

I might just think of a new domain name, Google its likeness and make sure no other company has a similar name. This is going to be a project!

Now I was wondering. If I create my new domain peas&podsforum.com and I find there is no other company with that name an then along comes a company called peas&pods.com what happens then? Do I once again have to change my domain name? Would a copyright for me help? I guess you can't copyright domain names, so what recourse would I have if I created that domain name first and along comes this company?

Thanks again!

You need to do a thorough trademark search to ensure your preferred name is not already in use as an identifier for the same or similar goods or services. This means not only looking at trademarks that are registered federally but also at state registrations and those marks that have not been registered at all. Rights in a trademark are gained through the use of the mark as an identifier for products or services.

Once you settle on a name that is not currently being used, it is best to start using that mark on your goods and services right away. Once you start using the mark in commerce, you can register it. Or you can file an intent-to-use application if you will be prepared to use the mark in commerce within the year. This reserves the mark. At this same time, you can register for a domain name that includes your trademark (and additional domain names, perhaps, that are variations on your name to prevent others from acquiring them).

The trademark rights in a domain name only come if you establish your trademark as an identifier for products and services. It is then that you can potentially prevent others from using domain names that confuse consumers into thinking the site belongs to (is connected with, is endorsed by) your company.

It can be difficult to choose a trademark. Some of the most successful companies have avoided conflicts with other trademark holders by inventing a word to identify their company and its products/services. Think of Google and Kodak and Adidas and N!ke. So this is an option you might want to consider. If your trademark does not specifically identify your product or service, however, you will probably have to put more effort into advertising and promotion so the invented name becomes connected in consumers' minds with what you are offering.

Good luck.

 

[Agent Smith]

Thanks for this information. I now have a new domain name that is available. I did a Google search and to my amazement the domain name wasn't taken and I don't know if I'm doing a copyright search right, but found no records. Now I did find some small mom and pop computer repair shops with a derivative of the name. You would think my copyright search would have showed those results. I'm using the keyword search feature.

My website is a computer forum. It is damn hard finding a name that isn't being used in someway by a tech or computer company.

 

[quincy]

Thanks for this information. I now have a new domain name that is available. I did a Google search and to my amazement the domain name wasn't taken and I don't know if I'm doing a copyright search right, but found no records. Now I did find some small mom and pop computer repair shops with a derivative of the name. You would think my copyright search would have showed those results. I'm using the keyword search feature.

My website is a computer forum. It is damn hard finding a name that isn't being used in someway by a tech or computer company.

You want to be doing a trademark search, not a copyright search. Names are not protected under copyright laws.

I still recommend you come up with a unique name (make up a word or combine two unrelated words) so that you do not risk infringing - but it is up to you.

Good luck.