Should I TAKE this domain name??!!

[Denchr]

There is a domain name that I want to purchase but there is something stopping me, a potential moral hazard as it were!


I would like to take a domain name that is currently being used by a company doing the exact same thing that I would like to do and they are ranking at the top of page one for an exact match.


They have the .com and I want the .co.uk. They are also based in the UK. The name cannot be trademarked it contains generic words that cannot be owned by anyone and their actual company name is completely different to their domain name.

I think I am going to purchase it….

Anything stopping me? Is it their loss and my gain?

 

[vvaannmmaann]

Apart from a possible accusation of "passing off" being made by them against you,nothing to stop you at all.

 

[Denchr]

Apart from a possible accusation of "passing off" being made by them against you,nothing to stop you at all.

I guess that wont be the case at all as I will have completely different everything apart from the domain.... I have no interest in them at all I just want the domain because it is exactly what I want and a good exact match key word too.

 

[vvaannmmaann]

Are you familiar with passing off?

 

Are you familiar with passing off?

If the domain name is something like "car leasing" e.t.c. then passing off does not apply.

 

[owas]

I have done this recently, simply dropped the last letter of the domain, so for example ford-cars.com I have Ford-car.co.uk but its not indexing at all on Google despite ppc, adds, and backlinks I wonder if they think I am passing off.


Sent from my LT26i using UK Business Forums

 

[fisicx]

Buy the domain name, it's only a few pounds to no real loss if it doesn't work out.

However, don't put too much store in the exact match thing. A well optimised site with a random domain name can easily out rank an EMD. And judging by what you have written passing off could be an issue, of at least you could get into a legal tussel depending on how protective they are.

 

[nelioneil]

The key is that your business and their business are in the same industry. If we presume they have been established for longer, they could have a defence of "passing off"

I would look at a different domain name personally.

 

[vvaannmmaann]

If the domain name is something like "car leasing" e.t.c. then passing off does not apply.

The OP wrote
"I would like to take a domain name that is currently being used by a company doing the exact same thing that I would like to do"
Ha also says he wants the 'dot co.uk' as they already have the 'dot com'

Wikipedia tells me

"Instead, the law of passing off is designed to prevent misrepresentation in the course of trade to the public, for example, that there is some sort of association between the business of defendant and that of the claimant. Another example of passing off is where the defendant does something so that the public is misled into thinking the activity is associated with the claimant, and as a result the claimant suffers some damage, under the law of passing off it may be possible for the claimant to initiate action against the defendant."

My bold.

 

[Moneyman]

i would take it and just park it. if it is the same name as your company you have a reason for keeping it and they may want to buy it. worth a punt.

 

[HorseLatitudes]

The OP wrote
"I would like to take a domain name that is currently being used by a company doing the exact same thing that I would like to do"
Ha also says he wants the 'dot co.uk' as they already have the 'dot com'

Wikipedia tells me

"Instead, the law of passing off is designed to prevent misrepresentation in the course of trade to the public, for example, that there is some sort of association between the business of defendant and that of the claimant. Another example of passing off is where the defendant does something so that the public is misled into thinking the activity is associated with the claimant, and as a result the claimant suffers some damage, under the law of passing off it may be possible for the claimant to initiate action against the defendant."

My bold.

Forgive me if this is a ludicrous question but by "passing off" do they mean one company trying to pass themelves off as another via the website?

so say for example if the OP has a buiness called Johnsons Used Car Sales and has a business rival called Used Car Co.

If Used Car Co has the domain name "usedcarsgloucester dot com" the op could have the .co.uk variation as long as the website wasn't a replica and it was clear they were a seperate business, surely?

Or am I way off here?

 

The OP wrote
"I would like to take a domain name that is currently being used by a company doing the exact same thing that I would like to do"
Ha also says he wants the 'dot co.uk' as they already have the 'dot com'

Wikipedia tells me

"Instead, the law of passing off is designed to prevent misrepresentation in the course of trade to the public, for example, that there is some sort of association between the business of defendant and that of the claimant. Another example of passing off is where the defendant does something so that the public is misled into thinking the activity is associated with the claimant, and as a result the claimant suffers some damage, under the law of passing off it may be possible for the claimant to initiate action against the defendant."

My bold.

Passing off is trying to fool the public into thinking you are another company.

In the case of something as generic as "car leasing" e.t.c.this does not apply.

If someone tried to register "lingscars leasing" then it would be deemed passing off as an exact copy of a company name.

In the case of the OP this is not the case.

 

[JohnJP]

Have a look at Nominet's website particularly with reference to the term 'Abusive Registration' and the process by which the other entity trading under .com could reasonably apply to have the .co.uk name taken off you.

The particular examples they give:

'The DRS Policy sets out a number of examples of what constitutes an abusive registration including:

The domain name was registered with the primary purpose of selling or renting it to the complainant (or a competitor) for more than the respondent paid for it.

The domain name was registered with the primary purpose of stopping the complainant from using it.

The domain name was registered with the primary purpose of disrupting the complainant’s business.

The domain name has been used to confuse Internet users.

This list is not exhaustive and a complainant may try to claim that the registration or use was abusive for another reason.'

If you can convince yourself that non of the above apply then you might be OK. You should also check the UK Intellectual property office for trademarks - even generic terms can be tradmarked based on logo/artwork - just look to see how many trademarks there are for the marked text 'Money' or 'MONEY' and it what classes of good and services.


Best Regards


JohnJP

 

[LewisBG]

If the .com owner has an established website with plenty of traffic it will be hard to get the number 1 ranking on the .co.uk domain.

 

[beasty]

Buy It
Buy It Now

 

[SaikoJosh]

I'd buy it. It's an asset like any other and you don't have to do anything with it just yet. Maybe the other company will be interested in selling the other domain name if you approach them.

 

[Moneyman]

A lot of people worry too much about passing off on generic names. If you have a fairly generic name, confusion is going to happen anyway.
WEBUYCARs.com could be anyone.
webuyanycarz.com is obviously trying to be someone else and get a piece of the business.

 

[Fred_the_frog]

Buy it then flog it to the original company for 100 times the price. Tell them you are getting lots of traffic looking for their website.

 

[beasty]

Buy it then flog it to the original company for 100 times the price. Tell them you are getting lots of traffic looking for their website.

I think they might just want to check that rather than just say ok how much

 

[vvaannmmaann]

Passing off is trying to fool the public into thinking you are another company.

In the case of something as generic as "car leasing" e.t.c.this does not apply.

If someone tried to register "lingscars leasing" then it would be deemed passing off as an exact copy of a company name.

In the case of the OP this is not the case.

Using the same business name and just changing the domain could easily cause confusion.The OP also says the other company are already doing what he wants to do.
If the Op ever comes back,perhaps she/he can clarify their intentions

 

[Bart Simpson]

Meanwhile some googling on the Google EMD update would be helpful.
All the questions would be answered once the OP realizes having the Exact Match domain would do no good now.

 

Meanwhile some googling on the Google EMD update would be helpful.
All the questions would be answered once the OP realizes having the Exact Match domain would do no good now.

Only in the case of low quality sites according to Mr now you see it now you don't.

How google or any search engine knows what a low quality site is I don't know.

As far as I know there is only its algo.