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Domain Name Dilemma

27. October 2009 18:43

There’s an interesting piece of advice in the November 2009 issue of .NET magazine concerning choosing unique domain names.

A reader wrote in to the Expert Advice column explaining that he had bought a .co.uk domain and the equivalent .tv and .mobi variants for a website he was about to set-up.  However after purchasing the domains the reader stumbled across the .net version of the domain which was already an existing website owned by someone else and providing very similar content to what the reader had planned for his site.

The reader wanted to know if it was best to continue developing his site or think of another domain name that was unique.

The advice given by .NET magazine’s legal expert Struan Robertson was:

“I’d urge you to pick a different name.  That’s partly because a complaint from the established site is foreseeable.”

Struan mentions that keeping the name would cause “confusion in the marketplace, by “harming their goodwill”

“It’s generally in you’re best interests to avoid this type of battle”

Struan goes on to advise:

“Pick a new name that lets you establish your own brand identity from the start.”  “Even if you were to win [a dispute] in the end, such a dispute would cost you far, far more than a few domain names.”

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Category: Domain Names | Legalities

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