Threatened to change forum name

**markblair** · 03-26-2008, 02:07 AM

Recently I started a forum with a name that is the same as another similar forum (the difference is the TLD). I actually registered the domain name before seeing the other site. However, I don't think anything is wrong because I am not copying anything from that site and their's ends with .co.uk while mine ends with .net. They are in the UK and of course I am not. I received this message earlier today. I am curious if this guy has anything to go on or if he's just being billy bad ass and trying to scare me to change my domain name? I intentionally left out the domain names to prevent this from being easily searchable.

Quote:

Hi there!

Just thought I'd let you know, as yours is a new site, that I also run a site called <domain name>.co.uk

I've not registered the name as a trademark in the USA yet, but I thought I should let you know anyway, if for no other reason than if people search for <domain name> on search engines like Google they'll end up at my site and not yours - something I'm sure you don't particularly want!

Thought I'd let you know as you may wish to consider changing the name of your website now, whilst it's still young - as opposed to issues in the future when you're looking to get more exposure through Google or when we are granted Trademark protection in the States.

Feel free to contact me if you have any questions

**Moelman** · 03-26-2008, 02:14 AM

To me I don't think he was trying to threaten you but he still probably wants you to change it because on the other hand you could start stealing his hits. If you don't want to change it then I don't think there's anything he can do though I'm not a lawyer.

**Caddyman** · 03-26-2008, 02:18 AM

I'd contact a lawyer to be sure, but off the cuff, Caddy would tell him to pound sand

**markblair** · 03-26-2008, 02:20 AM

Thanks. I was going to tell him to have his lawyer contact me when he's serious but that might make him go ahead and get the trademark which would probably cause me issues. The domain name is not a copy of some big outfit like Microsoft or eBay. It's two words combined as one and like you said I think he is worried about lost traffic. I may need to speak with a lawyer anyway just to be sure. My concern is most lawyers will probably just say to handle this on the safe side and may suggest changing the name even if there is no reason.

**Moelman** · 03-26-2008, 02:51 AM

Especially if the domain is just two dictionary words put together like you say then he shouldn't be able to stop you from using them. I personally wouldn't do anything until he has an actual case against you.

**BamaStangGuy** · 03-26-2008, 03:01 AM

I wouldn't worry about it

**soundboy** · 03-26-2008, 10:01 AM

id wait.. see what happens.. if he says we are contacting through a lawyer. check it!
some just threaten you with no legal power at all, they try trick you into getting scared. but sometimes they are for real but best check before

**AirborneKim** · 03-26-2008, 10:28 PM

Typically, from the few trademark cases I've witnessed, if you registered your domain before the trademark was granted, you'll be grandfathered in so it won't technically be trademark infringement.

If he wants to push it, he'll still be able to, however, he won't get too far, especially if they are common words.

**soundboy** · 03-26-2008, 11:07 PM

yeah, if its a unique domain name.. have a look first
if its common... you shouldnt worry

**bcmtouring** · 03-26-2008, 11:43 PM

I don’t see how it could be a legal problem, though he is right to a certain extent and you might have problem ranking for your own domain name, since his forum is older than yours and since it belongs to the same niche, you might just loose traffic this way.

Add to this, it might just hurt your branding aspects since you would have to include the dot net extension in the name and make a strong impression to ensure people remember your forum URL properly.

Few might also get the impression that you started your forum as a copy of the older forum.

Another thing, who owns the dot com version of the domain?

Because both of you might just end up sending traffic towards that domain, because many would just presume that the domain TLD is dot com and not dot net. In case he owns the dot com version as well, consider yourself to be in a big problem as you will likely send a bit of type in traffic.

03-26-2008, 02:14 AM	#2
Moelman The Webmaster Join Date: Feb 2006 Location: Michigan, USA Posts: 3,328	To me I don't think he was trying to threaten you but he still probably wants you to change it because on the other hand you could start stealing his hits. If you don't want to change it then I don't think there's anything he can do though I'm not a lawyer. __________________ To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts. - The Largest LucasArts Gaming Community on the Internet To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts. - tell me your comments! To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts. - Your #1 place to discuss all things World of Warcraft.

03-26-2008, 02:18 AM	#3
Caddyman Forum Addict Join Date: Feb 2006 Location: Delaware Posts: 1,342	I'd contact a lawyer to be sure, but off the cuff, Caddy would tell him to pound sand __________________ To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts. To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts. To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts. To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts. boomshockalacka

03-26-2008, 02:20 AM	#4
markblair Forum Addict Join Date: Oct 2005 Location: Michigan Posts: 1,956	Thanks. I was going to tell him to have his lawyer contact me when he's serious but that might make him go ahead and get the trademark which would probably cause me issues. The domain name is not a copy of some big outfit like Microsoft or eBay. It's two words combined as one and like you said I think he is worried about lost traffic. I may need to speak with a lawyer anyway just to be sure. My concern is most lawyers will probably just say to handle this on the safe side and may suggest changing the name even if there is no reason. __________________ Mark Blair To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts. - "Where Professionals Discuss Web Hosting"

03-26-2008, 02:51 AM	#5
Moelman The Webmaster Join Date: Feb 2006 Location: Michigan, USA Posts: 3,328	Especially if the domain is just two dictionary words put together like you say then he shouldn't be able to stop you from using them. I personally wouldn't do anything until he has an actual case against you. __________________ To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts. - The Largest LucasArts Gaming Community on the Internet To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts. - tell me your comments! To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts. - Your #1 place to discuss all things World of Warcraft.

03-26-2008, 03:01 AM	#6
BamaStangGuy Forum Enthusiast Join Date: Sep 2005 Location: Alabama Posts: 2,483	I wouldn't worry about it __________________ *To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.* More to be listed soon.

03-26-2008, 10:01 AM	#7
soundboy Apprentice Join Date: Jun 2007 Posts: 379	id wait.. see what happens.. if he says we are contacting through a lawyer. check it! some just threaten you with no legal power at all, they try trick you into getting scared. but sometimes they are for real but best check before __________________ *To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.*

03-26-2008, 10:28 PM	#8
AirborneKim Member Join Date: Dec 2007 Location: Ringgold, GA Posts: 136	Typically, from the few trademark cases I've witnessed, if you registered your domain before the trademark was granted, you'll be grandfathered in so it won't technically be trademark infringement. If he wants to push it, he'll still be able to, however, he won't get too far, especially if they are common words. __________________ - To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts. - Simplified Web Hosting - First Month is 100% Free - 60 Day Money Back Guarantee - 99.99% Network & Server Uptime Guarantee

03-26-2008, 11:07 PM	#9
soundboy Apprentice Join Date: Jun 2007 Posts: 379	yeah, if its a unique domain name.. have a look first if its common... you shouldnt worry __________________ *To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.*

03-26-2008, 11:43 PM	#10
bcmtouring Veteran Join Date: Jun 2006 Location: New Delhi, India Posts: 585	I don’t see how it could be a legal problem, though he is right to a certain extent and you might have problem ranking for your own domain name, since his forum is older than yours and since it belongs to the same niche, you might just loose traffic this way. Add to this, it might just hurt your branding aspects since you would have to include the dot net extension in the name and make a strong impression to ensure people remember your forum URL properly. Few might also get the impression that you started your forum as a copy of the older forum. Another thing, who owns the dot com version of the domain? Because both of you might just end up sending traffic towards that domain, because many would just presume that the domain TLD is dot com and not dot net. In case he owns the dot com version as well, consider yourself to be in a big problem as you will likely send a bit of type in traffic. __________________ To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts. \| To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts. \| To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.

Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)

Thread Tools
Show Printable Version Email this Page
Display Modes
Linear Mode Switch to Hybrid Mode Switch to Threaded Mode

Similar Threads
Thread	Thread Starter	Forum	Replies	Last Post
Unwritten Rules of Forums	Ryan	Handling Problem Members	3	08-17-2008 02:17 AM
My guide to VBSEO. Features Explained	BamaStangGuy	Search Engine Optimization	20	11-26-2007 01:09 AM
Saw this on another forum.	cpvr	Creating Interest	5	07-05-2006 07:12 PM