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is typo of a generic illegal?

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domainstrike

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say a company is running a promotion and registers a site: veggieburger.com..... and i register a typo of that..... illegal/trouble? thanks !
 

WhoDatDog

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Without getting in to Trademark 101 I would suggest registering the name. Practical risk is close to zero.
 

simon

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even they register trademark and your domain is older than theirs, your chances of winning are very high
 

DNQuest.com

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so I can register wndows.com????? Kool thanx for the great advise guys, and while I'm at it, I'll register aple.com and cheeer.com
 

dotNetKing

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DNQuest.com said:
so I can register wndows.com????? Kool thanx for the great advise guys, and while I'm at it, I'll register aple.com and cheeer.com

I think you would probably ok to register wndows.com to sell (glass-type) windows etc and aple.com to sell apples (fruit).

If you use them to sell computer software/hardware, things could be different.

caveat: I'm not a lawyer!
 

DNQuest.com

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dotNetKing said:
I think you would probably ok to register wndows.com to sell (glass-type) windows etc and aple.com to sell apples (fruit).

If you use them to sell computer software/hardware, things could be different.

caveat: I'm not a lawyer!


I was being sacastic...

Most people register typos to catch mistyped traffic IE- typosquatting, the people who gave thier advise here are completely mistaken. This is a form of cybersquatting which has been upheld by WIPO and subject to all the penalties associated with TMs.

It is clear the OP intentions are to capture traffic from typos which is bad intent. One of the criteria is rights to a name. So the owner of the typo would have to show why he has rights to a domain since it is a typo of a TM.

Yes, I know all the arguements about using the typo under differenet catagories and all that other stuff, but we all know the truth why it was really registered....
 

marly

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he..he you don't register a typo just for the fun of it.

But honest typo's, meaning you really think you got a good name but because you are a bad speller it does'nt seem that way until you look again. Yes it has happen to me quite a few times.

It pays to be a bad speller these days.
 

fatter

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original question was is a typo of generic illegal, not a TM, while a TM can be of a generic usually the tm only cover specific industries and usually unrelated to a generic item, ie: apple for computers, cheer for laundry detergent etc. so i would say no its not ilegal and companies dont have sole use of words common in english language spelled wrong or correctly
 

DNQuest.com

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After reading the OPs post, do you really think the word is generic and that the OPs intentions are honorable????
 

fatter

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DNQuest.com said:
After reading the OPs post, do you really think the word is generic and that the OPs intentions are honorable????

his motives being honorable, no, but veggieburgers is a common term used by many resteraunts and grocery stores, same as turkeyburgers etc If a company puts dollars behind an add on a generic term they have no rights to sole use of the name or misspellings of such, now if they had a trademark that would be a different story
 
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