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Site name protection?

peestandinguppeestandingup Registered Users Posts: 489 Major grins
edited March 30, 2006 in Mind Your Own Business
Im thinking of changing my websites title name. Havent thought of anything yet, but when I do, how can I find out if that name is already taken? Is there a way to protect a name once I decide on something?? I will probably call it something different than my actual web address, which is just my full name. Is that a good or bad idea?

Like Andy, for instance. Do you own the rights to your sites name (not the web address)? Thanks.

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    AndyAndy Registered Users Posts: 50,016 Major grins
    edited March 29, 2006
    Im thinking of changing my websites title name. Havent thought of anything yet, but when I do, how can I find out if that name is already taken? Is there a way to protect a name once I decide on something?? I will probably call it something different than my actual web address, which is just my full name. Is that a good or bad idea?

    Like Andy, for instance. Do you own the rights to your sites name (not the web address)? Thanks.

    The way you find out is to try:

    http://myproposedname.smugmug.com and see if it comes up :D

    you only "own" it if you are able to get it. And keep it. And pay your annual fee.

    Does this help?
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    peestandinguppeestandingup Registered Users Posts: 489 Major grins
    edited March 29, 2006
    Andy wrote:
    The way you find out is to try:

    http://myproposedname.smugmug.com and see if it comes up :D

    you only "own" it if you are able to get it. And keep it. And pay your annual fee.

    Does this help?
    What if I wanna keep the same web address I currently have (just my name), but call it something else? I notice allot of people do that.

    Just wanna make sure I dont run into any legal issues.
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    peestandinguppeestandingup Registered Users Posts: 489 Major grins
    edited March 29, 2006
    For instance, a search of photographers in my area turned up a bunch of examples of what im talking about. Most of them use their actual full name as their web address (www.johndoe.com), but they call their site "John Doe Photography". Which is what I pretty much do right now. Is that legal? Did they have to do something special, like also purchase the domain name www.johndoephotography.com??

    I know this really isnt a smugmug issue, just thought I would ask what people here do. Thanks.
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    rich56krich56k Registered Users Posts: 547 Major grins
    edited March 29, 2006
    Domain name infringment??
    I know this really isnt a smugmug issue, just thought I would ask what people here do. Thanks.[/QUOTE]

    Along the same line, I purchased 'Hooliganunderground.com' for three years @ register.com (june 2005) then doing a google search for that name
    last week, theres a 'my space.com' link to some band called 'Hooligan Underground' that went up sept 2005(on my space)....what if anything can i do about this?
    Any feedback? Not sure the ramifications if any of this situation, has anybody else run into this?
    rich
    http://rich56k.smugmug.com
    http://www.hooliganunderground.com
    http://myspace.com/hooliganunderground
    http://HooliganUnderground.com
    Member: ASMP; EP; NPPA; CPS
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    peestandinguppeestandingup Registered Users Posts: 489 Major grins
    edited March 29, 2006
    rich56k wrote:
    Along the same line, I purchased 'Hooliganunderground.com' for three years @ register.com (june 2005) then doing a google search for that name
    last week, theres a 'my space.com' link to some band called 'Hooligan Underground' that went up sept 2005(on my space)....what if anything can i do about this?
    Any feedback? Not sure the ramifications if any of this situation, has anybody else run into this?
    rich
    Good question. Im trying to figure out if a person owns a domain name, is that the same as owning the name outright or is there more to it than just owning the web address name, like in your case. You may have something there because thats a pretty specific name, unlike what I was talking about, which is more broad. If John Doe owns www. johndoe .com & he is a photographer, im pretty sure he can call his site "John Doe Photography" or "photos by John Doe" nomatter what. But, maybe im wrong.

    BTW, I loath myspace umph.gif
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    Scott BuelScott Buel Registered Users Posts: 134 Major grins
    edited March 29, 2006
    Good question. Im trying to figure out if a person owns a domain name, is that the same as owning the name outright or is there more to it than just owning the web address name, like in your case. You may have something there because thats a pretty specific name, unlike what I was talking about, which is more broad. If John Doe owns www. johndoe .com & he is a photographer, im pretty sure he can call his site "John Doe Photography" or "photos by John Doe" nomatter what. But, maybe im wrong.

    I'm not sure these will help, but here are a few URLs I found on protecting your business name. I think that is what you are trying to get at, right?

    From Entrepreneur.com **clicky**

    From About.com **clicky**

    From Nolo.com **clicky**

    I think if you want total protection and exclusive rights to a name (like Burger King has, for example), you'll need to look into Trademarks.
    Check out my galleries : scenes from the past

    Scan Cafe: let the pros do it
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    MalteMalte Registered Users Posts: 1,181 Major grins
    edited March 29, 2006
    I can't imagine that registering a domain name grants you any kind of claims on a trademark of that or similar names. Here in Sweden it's the patent office that deal with trademarks and NIC-SE that handle domain name registrations under .se. Totally different things. However, if you already own a trademark, you have some sort of claim on the domain name.

    Malte
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    Bob BellBob Bell Registered Users Posts: 598 Major grins
    edited March 29, 2006
    I use bob in my domain but my legal name is Robert.

    When I submit image to the copyright office I do it under Robert as well.

    I don't think there is anything wrong with using a common nickname in a domain because its easy for everyone to translate.

    The other thing is its really cheap to register a domain. Just go register the new one and point it to your existing host.
    Bob
    Phoenix, AZ
    Canon Bodies
    Canon and Zeiss Lenses
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    rich56krich56k Registered Users Posts: 547 Major grins
    edited March 30, 2006
    Great Info / Resources--thanks!
    Scott Buel wrote:
    I'm not sure these will help, but here are a few URLs I found on protecting your business name. I think that is what you are trying to get at, right?

    From Entrepreneur.com **clicky**

    From About.com **clicky**

    From Nolo.com **clicky**

    I think if you want total protection and exclusive rights to a name (like Burger King has, for example), you'll need to look into Trademarks.

    Kerry / Scott / Malte,

    Thanks for the info/feedback/links...
    Nolo.com has some good info and a link to uspto (united states patent & trademark office) i did a free online search (my name is avail) and it looks like registering a trademark is $275-375 depending....
    I guess now I need to decide how serious I am about this name.....
    Hmmmmmmm....
    Again thanks for your reply's, they got me pointed to some good info,

    rich
    PS: Kerry, Congrats on your wedding!!
    http://HooliganUnderground.com
    Member: ASMP; EP; NPPA; CPS
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    camblercambler Registered Users Posts: 277 Major grins
    edited March 30, 2006
    Registering a domain name conveys no rights in trademark whatsoever. Indeed, if you register a domain that is already a trademark, you can have the domain taken from you by the trademark owner by a process known as the Uniform Domain Resolution Policy (UDRP).

    I deal with that every day.

    Unless you're a major player, however, I question the need to go as far as to attempt to acquire a trademark. With an attorney helping it can cost many thousands of dollars and it's not as simple as just registering - there are a number of forms you need to have done just so, and you must demonstrate a use in commerce as well as meet a few other non-obvious conditions. And even at that, it can take years to be published for opposition, potentially challenged and finally, if you're lucky, granted.

    Get a name you like, do a little research to ensure that you're not stepping on a registered trademark (hint: if it's your personal name, you're likely to have an easier time of it) and have fun.
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    Mike LaneMike Lane Registered Users Posts: 7,106 Major grins
    edited March 30, 2006
    Tell that to Mike Rowe who had a URL www.mikerowesoft.com (no longer working). Microsoft threatened him and it got all high profile. I think they settled it by giving him an X-Box for a promise not to do that again.
    Y'all don't want to hear me, you just want to dance.

    http://photos.mikelanestudios.com/
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    peestandinguppeestandingup Registered Users Posts: 489 Major grins
    edited March 30, 2006
    rich56k wrote:
    PS: Kerry, Congrats on your wedding!!
    Thanks so much!
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    camblercambler Registered Users Posts: 277 Major grins
    edited March 30, 2006
    Mike Lane wrote:
    Tell that to Mike Rowe who had a URL www.mikerowesoft.com (no longer working). Microsoft threatened him and it got all high profile. I think they settled it by giving him an X-Box for a promise not to do that again.

    His name was "Mike Rowe" not "Mike Rowesoft."

    The truth of the matter, though, was that he was an attention-craving egoist, and wanted the publicity. Microsoft had initially said "ha ha, funny, would you mind not doing that?" and he got quite in their face and went screaming to the media. So Microsoft offered him a bribe that I think they shouldn't have even bothered with.

    But hey, what do I know, I've just worked in the industry for 20 years. :D
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    peestandinguppeestandingup Registered Users Posts: 489 Major grins
    edited March 30, 2006
    cambler wrote:
    His name was "Mike Rowe" not "Mike Rowesoft."

    The truth of the matter, though, was that he was an attention-craving egoist, and wanted the publicity. Microsoft had initially said "ha ha, funny, would you mind not doing that?" and he got quite in their face and went screaming to the media. So Microsoft offered him a bribe that I think they shouldn't have even bothered with.

    But hey, what do I know, I've just worked in the industry for 20 years. :D
    Yeah, im sure that dude just wanted the exposure & to cash in. That name sounds pretty lame (mikerowesoft) & im sure no one took him too seriously, well no one besides Microsoft. :D
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