Knowledgebase for Trademark & Intellectual Property.

Is it legal to register a domain site VERY similar to one already in use and successful? In Australia.?

By Yahoo User • Category: Trademarks Registration

The domain site currently being operated I discovered has registered a trademark with ‘ASIC?’ e.g. they have a registered site say ‘canjump.com’ and it is very successful, and my registration is ‘canjumphigh.com.au’. Can I be sued if I use the one I have?Sorry, realised it was not very clear.They have a registered trade name with ASIC for say ‘canjump.com’.They have a very successful domain site under ‘canjump.com’.My registration is for say ‘canjumphigh.com’.Thanks for the info. No I’m not intending to set up in competition to them at all with their product, it is an entirely different product but within the industry as a whole. e.g. Like running hotels as opposed to selling tourist artifacts, yet both catering to the same market i.e. tourists. I’m not sure that I even want to make money off the site, but it would be an ideal tool (the site) to market a product (not in competition) for the local community as such.

4 Responses »

  1. i think it is legal. you can do it.

  2. It could be illegal if you are going to operate a business under their name. They could sue you for loss of revenue and you could face huge penalties from ASIC and even imprisonment. Are you planning on running a similar business to canjump.com? It would be better to be a registered business with a different name and to try competing with canjump.com using your own ideas rather than stealing someone elses creation.

  3. Sure, it’s legal. That’s why when you go to a site that sells domain names - if the one you want isn’t available - they will suggest lots of other domain names that are VERY similar.However, it might not be such a good idea. You run the risk of people being confused and not having the ability to differentiate between the two. Hope this is helpful to you.All the best,Denise MichaelsAuthor, “Testosterone-Free Marketing”Visit me online at http://www.MentoringwithDenise.com

  4. yes it is legal. can jump are common words and can not be trademarked as a domain. Your using can jump high are common words. The only time it would be illegal would be if you used a trademark name in your domain. an example would be www.yahoo-web.com

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