0

There is a classified website called Quikr.com in India. It ranked perfectly on google too. I am from an another country. I also have a classified ad listing site and I bought my domain as Quickr.XXX (Country level domain not a .com one). The difference is C letter

So characters are different, TLDs are different but the pronunciations are same. Even the Quickr.com is taken by them too. will this lead to a Legal, Branding problem in future? Can they acquire my site future?

  • Do they have a registered trademark? Trademarks don't have to be registered, they can be common use trademarks, but registering makes them more powerful. In trademark law it also matters if the two are in the same business. Are they? – Stephen Ostermiller Sep 20 '18 at 9:37
  • Yes two are in same business. But they from India I am from an another country. Also spellings are different too. Even I bought the domain too. – Prageeth Liyanage Sep 20 '18 at 9:38
  • Being different by a letter may not be a good argument just by itself. In cases like that arbitrators and judges look if names/content are "confusingly similar". This entails a huge part of subjectivity. Your question is more a legal one than a technical one, I doubt it to be a good fit here, for legal advices you should consult appropriate entities and not relying on strangers' answers off the Internet. – Patrick Mevzek Sep 20 '18 at 15:49
3

... TLDs are different but the pronunciations are same. Even the Quickr.com is taken by them too. will this lead to a Legal, Branding problem in future? Can they acquire my site future?

You could try legal questions on Law.SE but it's always best for the lawyer whom helped you set up your company to have checked these sorts of things beforehand.

For the on-topic portion of your question see this page on cybersquatting at the Internet Corporation for Assigned Names and Numbers (ICANN) - they resolve disputes over the rights to domain names.

"If someone has registered a domain name in a generic top-level domain (gTLD) operated under contract with ICANN that you believe may be infringing on your trademark, you may be able to file a Uniform Domain Name Dispute Resolution Policy (UDRP) proceeding against the registrant.

The UDRP provides a mandatory, low-cost administrative procedure primarily to resolve claims of abusive, bad faith domain name registration. In other situations, disputes may need to be resolved by traditional means such as voluntary negotiation and lawsuits.

The UDRP is only available for gTLDs operated under contract with ICANN

A full list of such gTLDs is on ICANN's Registry Listing page. For a list of country code top-level domains (ccTLDs) please refer to the complete list of ccTLDs IANA's Root Zone Database.

It is recommended to seek legal advice before filing a UDRP.

Additional information is on ICANN's webpage for Uniform Domain Name Dispute Resolution Policy.".

There is somewhere that they can file a complaint, sometime after you are discovered you can expect a letter from their lawyer asking you to cease and desist; it's also possible to simply pull the rug out from under you. There's no advantage to your business to be confused with another business, unless that's your purpose; it's always best to be unmistakable, that way if the other company has problems you won't be mistaken for them.

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.