Choosing a copy cat domain that is deceptively similar to another established domain name can mean serious legal troubles for the copy cat.  A copy cat domain is one that has been intentionally chosen to emulate an existing domain name that is a part of an established brand [...]]]>

Choosing a copy cat domain that is deceptively similar to another established domain name can mean serious legal troubles for the copy cat.  A copy cat domain is one that has been intentionally chosen to emulate an existing domain name that is a part of an established brand of someone else.  Legal troubles can begin immediately, as soon as the website for a copy cat domain is indexed by search engines, or they can come later and after the copy cat domain name has been in operation.

Either way, legal troubles are not something you want to deal with if you are just starting out in business. As an example, one obvious copy cat domain that would be headed for legal troubles for the copycatter would be ‘cocacoladrink.com’ or cocacola.org (instead of the owner’s domain of cocacolo.com).

If you are going to choose a domain name, make it original!

Yes, it would be great to think that you could get lots of traffic as a result of having a name that was very close to the actual brand name of an established brand, but using a copy cat domain name like this would definitely bring legal troubles to the life of the copycat.

Everyone who has been online for a while knows about the explosive growth of the Internet and the opportunities available through it. If they are well-informed, they are also aware of the importance of having a personal and/or business domain name of their own. And while not directly related to the subject of this articles, if I may be direct, when it comes to building your personal or business brand, securing your personal name is an absolute must.  There is just no way around it. But, as the demand for domains continues to rise as more and more people get online (1.5 million people a week logging onto the Internet for the first time), wanting a domain name you like and getting it are two different things.

I have spoken to hundreds of customers who have been frustrated in finding a domain name they like or that properly reflects their personal or business brand. Truth is, domain names are being bought up by the thousands everyday, if not by those who are actually going to use them, by those who plan to sit on them and sell them for a handsome profit. When you get desparate for a domain name because you can’t find the one you want, the following is what you DO NOT want to do.

I was speaking with a young web designer who I have worked with in the past – he actually worked for me for three years – who has been moving towards starting his own business. He is a bright and skilled individual with a great deal of potential as a programmer. He had designed his website and just recently reserved a domain name for it. He was very excited to tell me about it. Part of his excitement was that the domain name he chose really fit the image and persona of his business.

Unfortunately, the domain name he chose was identical to a domain name already in use. The only difference in the domain was that he had reserved it in his home country so there was a “.ph” (for Philippines) at the end of it. When I say identical, that is exactly what I mean. The domain name he chose was already in use and trademarked through the US Patent & Trademark Office. He even used the “.com” extension in his domain name – in essence, making it a copy cat domain. I won’t use the name out of respect for him (in hopes that he will come to his senses), so I will use “example” as the trademarked name, i.e. “example.com.ph”.

In his thinking – very foolish thinking – his choice was innocuous and not at all malicious. He just liked the name, figured since the owner of the name was in the United States that he could get away with using it, and truly felt that the real domain owners would not care or ever find out since their company was located in America and his in Philippines. Unfortunately for him, if he ever hopes to build a brand for his company using the name he chose, he will face some very expensive legal expenses as the owner of the trademarked name will most certainly sue him.

There is another undermining issue in using the copy cat domain that he chose. His business is for web development, and his ideal target market will be foreign clients (American and European customers). Most business owners would immediately be wary when they typed in the actual dot com URL without the “.ph” extension and found that there was a company in the U.S. that owns that name; or at very least, if they mistakenly typed in the name with a “.com” only, they would not come to his Website.

His justification was simply that his ‘little tiny business’ way over in the Philippines would not be in any danger of being caught using the company’s name that he had taken for his own dot com domain. This young programmer’s decision to move forward with a domain name selection that he knew was already a Brand that was being built by an established business entity was simply the result of ignorance and inexperience on his part.

I do not know anyone with any business experience that would knowingly take on a name that is already being Branded by another company and think that such a decision would not come back to haunt him (or her). Believe it or not, this guy really thinks (well as of my writing this blog) that he can build a company brand on the Internet using the same name as an already establish business entity in another country, and that he will be perfectly fine.

After about 15 minutes of attempting to shine some light on his foolishness, I decided that it was not worth an argument with him to convince him otherwise. Should he have even the least bit of success and secure even a few customers in the United States, it will be inevitable that the domain name name’s rightful owner will become aware of his illegal use of their trade name.

Ultimately, a law suit will be filed against this young entrepreneur for trademark infringement and deceptive business practice. I have known of instances where individuals were charged with fraud when potential clients of the rightful owner to the domain name were inadvertantly redirected to the ‘knock off’ business website that mirrored the tradename of the legal ower to it.  Unfortunately for this would-be success story of a young entrepreneur, he will most likely end up paying the attorney fees, Court costs, and possibly even civil and punitive damages to the rightful owner of the name; and all because he did not have the good sense to understand the moral shortcomings of using a trademarked name.

The moral to this story is that as you seek to secure the domain name that you want to build your personal and/or business brand with, make it something all your own, and remember that a name when built into a recognizable brand, can be worth as much as any business that it can make doing business under that name. If you have a good business idea, and you really want to build your company’s Brand around this idea or service, choose a name that is NOT already in use, especially in the very same industry. Take the time to research and find out if the name (especially if it is a catchy one) is not already in use and trademarked.