Are exact domain names allowed through competition?

homeriscool · Oct 1, 2012

Hi everyone - simple question i hope....

Is it legal to own an exact domain as a rival business? Both own the same domain name with different extensions .com and the other is .co.uk

They are both in the same town.
They both sell food.
They have completely different business names but the same domain.
How does this stand legally?

Thanks in advance

DesignerNick · Oct 1, 2012

I think as long as it isn't trademarked you can get away with it. Though I think if they can prove you bought it for naughty reasons Nominet don't like it.

homeriscool · Oct 1, 2012

Hi, i doubt it's trade marked as they are both small businesses. Would you take the chance or leave it? For SEO reasons it is very good...

Brochan · Oct 1, 2012

For SEO reasons it is very good...

Not any longer it isn't. Haven't you been paying attention?

homeriscool · Oct 1, 2012

Brochan said:
Not any longer it isn't. Haven't you been paying attention?

I have been paying attention but through all my personal research i still see keyword domains dominating niche markets in what i have been researching lately.
Anyone else agree?

Brochan · Oct 1, 2012

Have a look at the other thread about this in this forum. Sites with EMDs from all over the world are in a state of collapse.

Ali-v-8 · Oct 1, 2012

Original question has been answered - Exact domain names that do not contain a brand or registered business name can be bought without fear of legal action.

But could you use this thread and get everyones opinion on it http://www.ukbusinessforums.co.uk/forums/showthread.php?t=272488

No point in splitting this debate

homeriscool · Oct 1, 2012

Brochan said:
Have a look at the other thread about this in this forum. Sites with EMDs from all over the world are in a state of collapse.

I have a domain that is ranking better than it did 6 months ago and i have not done anything to it apart from it being a high volume search term in the domain???? Its ranking on page 1 with half a million competitors and many of them have 100's of backlinks??? I cant explain it

Carboy · Oct 2, 2012

homeriscool said:
Hi everyone - simple question i hope....

Is it legal to own an exact domain as a rival business? Both own the same domain name with different extensions .com and the other is .co.uk

They are both in the same town.
They both sell food.
They have completely different business names but the same domain.
How does this stand legally?

Thanks in advance

Its legal to own it but using it may be the problem , If you intend to provide the same service or product as your rival then you would be open to the passing Off law as i understand it , your rival would only have to prove that the general public are confused by this new Doppleganger to prove his case , i am no legal expert but i think thats not far off .

steviemac · Oct 2, 2012

there is going to be a massive drop in the purchase of EMD's In fact people are likely to be worried about buying any domain which contains a keyword they want to aim for. Another Google spanner in the works!

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