typos -- misspelled domains -- infringement or not???

[uglypeoople.com]

Are typos and misspelled domain names considered infringement or not???

Example:

i own uglypeople.com and it receives tons of traffic. Somebody else has registered uglypoeple.com which is a typo of my domain name and they are probably receiving some free traffic just because of my domain name.

So the question is:

Can i legally get that domain name from him or not?

Thanks for the help!

 

[Deleted member 5660]

.

 

[ParkQuick.com]

Maybe one of the lawyers will reply. The name is so generic that it might be very hard (not to mention very expensive) to get the other domain. You could always hire a lawyer to write a threatening letter and hope that the person gave you or sold you the domain - but do you really want it? Are you going to register every typo of "ugly people" that might get some traffic? Don't do it just to spite the other owner. If you had a trademarked name like Pepsi you'd have a stonger case, I think.

 

[uglypeoople.com]

i really wanted to know if typo's are considered infringement or not...

for example:

coke.com -- is ckoe.com okay to register...can they take it from me?
yahoo.com -- is yhaoo.com okay to register...can they take it from me?
microsoft.com -- is microsot.com okay to register...can they take it from me?

examples like that....if i had registered those typos above....could they take it from me?

what about the guy that bought all those typos for download.com .... he paid $xx,xxx for each of the three different typos of download.com ....he paid total of over $100k for all three typos together.....can they legally take those typos from him....

 

[mike031]

typos are ok.. if they weren't... the ppc biz would be a sorry ass place'

and for your first two examples.. the domains barely resemble anything... the third one is a little risky :cheeky:

 

[Sarcle]

exactly, do you have this name trademarked? is there something on the books that says you own all rights including typos.. I am guessing not. You have nothing, and there would be a few thousand people suied over this even on trademarked domains. There is a person that has parked "ebays.com" that is a clear violation if I have ever seen one yet this name has been traded and sold for years......and nothing has been done....sorry you don't have a case.....especially since you own no tms.

 

[uglypeoople.com]

so if i had a trademark, then i would have a case??? is this what you are saying?

there are people paying thousands of dollars for nice traffic typos on trademarked domains.....so are these people going to get their typo domains taken from them in the future?

 

[Dave Zan]

Are typos and misspelled domain names considered infringement or not???

Some yes, some no. It's a case to case basis.

i own uglypeople.com and it receives tons of traffic. Somebody else has registered uglypoeple.com which is a typo of my domain name and they are probably receiving some free traffic just because of my domain name.

So the question is:

Can i legally get that domain name from him or not?

And what are your legal grounds for getting that? Generic top-level domains
don't necessarily assign anyone legal rights whatsoever.

Unless you prove you have either a common-law or a registered trademark for
ugly people, forget it. You've no legal rights whatsoever.

so if i had a trademark, then i would have a case??? is this what you are saying?

You might want to read the UDRP for mess.com to give you an idea or 2.

there are people paying thousands of dollars for nice traffic typos on trademarked domains.....so are these people going to get their typo domains taken from them in the future?

Again, it's a case to case basis. It depends on how much data was given by
all the parties concerned if they reached their respective dispute resolution
stages and the ones hearing them.

 

[mike031]

dave, well said

...anyway, the typo isn't even worth pursuing in my opinion.. i can't imagine it getting that much traffic that is worth thousands of dollars to go after with... it's not the greatest typo... with all that said, you can pretty much forget about ever getting your hands on that domain unless you negotiate some sort of a deal with the owner -- Xedoc Holding.

 

[GT Web]

unless you negotiate some sort of a deal with the owner -- Xedoc Holding.

I knew I heard of that name before:

http://www.arb-forum.com/domains/decisions/433802.htm


The case that the Domain King just lost...lol

 

[ParkQuick.com]

That decision seems to say it pretty well. They ruled that voyuer.com did not infringe on voyeur.com (although there were a lot of other issues involved too). Xedoc Holding must be holding a lot of typo domains.

I knew I heard of that name before:

http://www.arb-forum.com/domains/decisions/433802.htm


The case that the Domain King just lost...lol

 

[Sarcle]

I think ebays is still the best, and it has been in the hands of several owners, and ebay has yet to do anything about it. So I seriously doubt, that there will anything be done.

 

[uglypeoople.com]

wow...amazing.....the domain king lost that case and he had one of the best domain lawyers...wow...truly amazing

 

[Dave Zan]

wow...amazing.....the domain king lost that case and he had one of the best domain lawyers...wow...truly amazing

Things happen.

 

[denny007]

When you mention ebay ; they lost a case for e-bay.com and once their lawyer bothered me via email, I told him "OK, domain unlocked, take it and BTW how about the e-bay.ccom, doesn't it suck "

 

[DaddyHalbucks]

and he had one of the best domain lawyers...

Are you smoking crack?

 

[Mr. Deleted]

When you mention ebay ; they lost a case for e-bay.com and once their lawyer bothered me via email, I told him "OK, domain unlocked, take it and BTW how about the e-bay.com, doesn't it suck "

They lost that one? amazing! Shows that if you want to go big time, reg all typos! It is like this, once you are big you will be going after them anyway, so why not reg them before anyone else thinks of them.

 

[domaintalk]

You cant do anything at all because you dont own the trademark or the company name.If you had owned the trademark of the name which costs a lot , prolly would had been the case that you would had got the domain back but now u cant , they will enjoy the free traffic because there is different between uglypeople and uglypoeple and plus you cant compare your site with microsoft or yahoo.
THey have trademark and their laywers panel so tahts why no one has the guts to get their domain .

My 2 cents ,

Regards

 

[denny007]

Edited, I was answering to another thread

 

[Matrix1976]

Are you smoking crack?

sorry for bringing up an old thread, but im curious, lol, what do you mean exactly by this? you know who his lawyer was? if the lawyer he used for this case is that bad, please say who it is so we dont make the same mistake :-D

Every now and then, i get one of those nice little lawyer letters...luckily, up untill now, i have always managed to resolve the matters out of court, but who knows what the future holds...and i wouldnt want to be badly represented...which brings me to my next question....what are the best lawyers or law firms out there for us domainers?