Legal : Copyright Question

[Will Hay]

I have a bit of an issue which hasn't come up yet but I'm a little worried it will, so would appreciate some comments from anyone with experience in this field.
.....and please accept my apologies, but for my own reasons I've changed the name of my website.
Sorry, the ones below are generated for the purpose of this post

I created a website called
www.baseball-memories-of-old.com, and I sell baseball cards.
I've had an interest in baseball cards for years and the site name was a completely, utterly all my own work original idea.
I was playing on google a few days ago and came across a site called
www.baseball-memories.com selling the same kind of thing as me.
Now this didn't particularly concern me but....
...trouble is, the company that runs this site is registered in the UK as
Baseball Memories of Old Ltd.
Yep, there's the dilema!
I can't assess which came first, my website or this company name (I know I can find out if I dig a little) but there's an issue there, isn't there?
I swear, I never stole the name, I had never seen this other website before and it was a genuine suprise when it came up (I was only searching google to see if my own site appeared).
Any thoughts, other than I'm screwed?
Surely the name I've picked isn't exactly a trade name, is it?
It's not like I invented a peice a software and called my website
www.microsoft-willhay.co.uk, is it?
Will

[curryman]

windows / lindows,
no problem there.
honestly though Will, I wouldn't have the foggiest.
hope you get a lite sentence though, i'd miss you around here

[Ziffelpig]

If both are registered as seperate yet similar domain names, What's the problem? There is no copyright infringement, if your not spoofing their page, or are you? If this bothers you or you feel it would be detrimental to your business, you might want to think up an alternate name for your site, and wait for the barristers to come calling. Even Micros*ft backed down from MikeRowes*ft.

[bugster]

Even Micros*ft backed down from MikeRowes*ft.

Did They?

[pacmania_2001]

1) Do the digging and find out which one came first, your domain name or the company name.

2) Make sure you make it clear on your site that you aren't affiliated with the company.

3) Do some research on the company. If they are only small it reduces the chance they will take legal action.

[adam]

It doesn't matter, the only way to protect a domain name is to buy it. As long as its available, its up for grabs regardless of how similar it is to some other company's name. Domain names and company names are mutually exclusive, that's why if you take any company name, stick a www in front and a .com in back it automatically takes you to a porn site

There was a story about a very forward thinking guy who bought up forbes.com, steveforbes.com, etc... anything like it. When Steve Forbes decided to open his web page he ended up having to pay this guy a hefty chunk of change for the domain name.

[bugster]

It doesn't matter, the only way to protect a domain name is to buy it. .

I think WIPO and one or two other orgs might disagree with you there!

[curryman]

isn't there a law that says I cannot register a site in the name of lets say panasonic tellys.com. knowing full well that panasonic make tellys but have not registered the site.

[Will Hay]

It doesn't matter, the only way to protect a domain name is to buy it. As long as its available, its up for grabs regardless of how similar it is to some other company's name. Domain names and company names are mutually exclusive, that's why if you take any company name, stick a www in front and a .com in back it automatically takes you to a porn site

There was a story about a very forward thinking guy who bought up forbes.com, steveforbes.com, etc... anything like it. When Steve Forbes decided to open his web page he ended up having to pay this guy a hefty chunk of change for the domain name.

So you're saying that regardless of the fact that I sell baseball cards like the other company, and that I've registered a domain name that could, lets be honest, be construed as an attempt to divert sales away from this other company, I've done nothing wrong in the eyes of the law, even though I actually havent done anything wrong?
Will

[Will Hay]

2) Make sure you make it clear on your site that you aren't affiliated with the company.

By doing this I'll be introducing my customers to a competitor, albiet one with higher prices.
Sounds like commercial suicide but I see where you're getting at
Will

[Will Hay]

If both are registered as seperate yet similar domain names, What's the problem?

The problem is simply that I fear I may be seen to have craeted this site to take custom from the other.
Think about it, my domain name is exactly the same as the limited company, who has a website promoting the exact same thing.
I wouldn't be worried if we didn't the offer the exact same service.
I know what I would think had it been the other way around.

If this bothers you or you feel it would be detrimental to your business, you might want to think up an alternate name for your site, and wait for the barristers to come calling

Why would the barristers come calling if I changed the name?
I don't wish to change the name, I think it's superb and took me six weeks to decide on it.

Maybe it's just me, maybe there is no issue and I shouldn't worry about it.
This isn't a mickey mouse thing, I don't want to invest time and money and find I have to change it later.
Had I found out about this earlier I may have thought twice about the name I choose, but I didn't.
Will

[mec_modifier]

Will,

I think the biggest problem you will face is if the owner of the other website thinks you are infringing on his company, and decides to sue. Although it's not the brightest idea, it might be best to contact the company and let them know the situation. Odds are they won't be overly happy about the situation, but the way I see it, better to find out now than to have them stumble across your website in a couple of months and decide to sue you for "Stealing" their name. Who knows...on the other hand they may not really care. You never know. I'd have to say that you are more than likely out of luck though. Sorry mate.

[Ziffelpig]

The problem is simply that I fear I may be seen to have created this site to take customers from the other.

Thats why it's called free enterprise

Why would the barristers come calling if I changed the name?

I am simply saying be prepared should the other site seek legal recourse, as you might not have any other alternative but to change the name.

[adam]

You can't register a domain name if it infringes on a registered trademark. If you do, they can order a cease and desist and take your domain name from you. Even if your domain name does infringe on a registered trademark, they still have to have filed certain documents in order to get the cease and desist order. Most small to medium sized companies don't bother trademarking their company name. Its expensive and it doesn't really get you anything unless you are spending a great deal of money in advertising. Most trademarks are taken out on goods, not company names.

So do a patent search on your country's patent office website (http://www.patent.gov.uk/) and ensure that there is no trademark in your domain name. I already did and found nothing.

I wouldn't worry about it. If they wanted that domain name, you just beat them to it. It happens all the time.

[ChrisX]

There is www.christophersinclair.com and my website is www.christophersinclair.net

I have taken note of the other website's owner just in case. My website is a personal webpage from my own work.

There isn't a trademark and a legal issue here to date and you shouldn't have a problem either, Will.

[pacmania_2001]

2) Make sure you make it clear on your site that you aren't affiliated with the company.

By doing this I'll be introducing my customers to a competitor, albiet one with higher prices.
Sounds like commercial suicide but I see where you're getting at
Will

When I say make it clear that you aren't affiliated with them that doesn't neccessarily mean have it in huge writing on your front page. Just put it in your disclaimer/terms of use page with something like "This website is in no way affiliated with Baseball Memories of Old Ltd." Most people won't read it and if they do they still don't know about the other's actual site.

[Will Hay]

Thanks for all the help folks.
I've searched for the actual domain/company name (thanks Adam, but the baseball name is just my example) and there's nothing there.
Taking everything on board, I've decided to not particulaly worry about it, I'll consider adding a 'not affiliated' note at the bottom of my T&C's page (good idea, thanks) and deal with the issue if it ever becomes one.
My only worry is that if they do contact a solicitor the first thing they're going to ask is I change it, otherwise they will seek litigation.
Whilst I have experience of contract/construction law I don't know enough about this topic to know whether they can legally do this (in the UK), and that playing devils advocate, would expect a judge not to see it from my point of view.
Worst case scenario I contact a solicitor for advice if it becomes an issue and depending on his opinion either fight it or change the name.
Thanks again
Will Hay

[Hardcoreruss]

So is your site up and running ?

[Will Hay]

So is your site up and running ?

Yup, has been for circa. four months.
Will

[Craig Tucker]

Lets have a look then

[Baldrick]

okey, www.dvdhelp.us

[Hardcoreruss]

Lets have a look then

Yeah that link in the original title does not work.

[pacmania_2001]

Will just PM'd me his site: www.idvdr.com

[Will Hay]

Lets have a look then

No

Yeah that link in the original title does not work.

See below....

.....and please accept my apologies, but for my own reasons I've changed the name of my website.
Sorry, the ones below[listed] are generated for the purpose of this post

Will just PM'd me his site: www.idvdr.com

Damn, busted
(that link wouldn't open for me, what is it?)
Will

[pacmania_2001]

A really shoddy site trying to pawn off DVD to CD copying software.

Also stolen the glossary from this site including the tgpo listing.

[Hardcoreruss]

Lets have a look then

No

Yeah that link in the original title does not work.

See below....

.....and please accept my apologies, but for my own reasons I've changed the name of my website.
Sorry, the ones below[listed] are generated for the purpose of this post

Will just PM'd me his site: www.idvdr.com

Damn, busted
(that link wouldn't open for me, what is it?)
Will

So your not going to tell us ?, I have a 1952 Bowman Mickey Mantle Rookie Card that I wanted to trade

[Will Hay]

So your not going to tell us ?, I have a 1952 Bowman Mickey Mantle Rookie Card that I wanted to trade

Shit, and I needed that one too...

".....got, got, got, need, need, got, got, got, got, got, got, need"

Oh, those were the days
Will

[Hardcoreruss]

I have two of these, wanna do some swapsies ?

[Will Hay]

Got three of them bastards, and I'm sure they don't produce the same quantity of each sticker.
There's sixteen million of 99% and only eight of the last four you need for your album.
As I say, I have that, it takes pride of place in my Spain 86 Panini sticker album, right next to Chris Waddle
Do you have a Martina Hingis by any chance?
Will

[Hardcoreruss]

Sorry no I have a Hogan and Superfly from the 85 WWF champions set though.

Can't believe that card above sold for 1.1 Million !!!