Regarding a former competitor's domain...

[cshel]

I'm posied to snag the domains of the only two serious competitors I have. One closed shop last year, and the domain expired a week ago...he's not the one I'm worried about...

The other may or may not still be in business, and her domain is expiring on Monday. I can't tell from her site if she's still actually doing anything, and I'm sure as hell not going to call her to ask just in case she just doesn't realize her domain is about to expire.

If I am successful at registering these two domains, and given that all of our websites offer similar content... can I redirect these domains to point at my site? Or does that make me guilty of trademark infringement? (Especially in the case of the chick who may or may not still be in business -- her domain is a unique name, not descriptive)

Am I obligated to contact said chick (or even the other guy too) to tell them I've acquired their domains and that I intend to redirect them to my site?

I mean, let's say I do let chick know that I snagged her domain. IF she suddenly decides she wants it, I'll offer to sell it back, but I did get it fair and square right?

I hope I phrased this question in an easy to understand manner... it's 1:30am and I really ought not be taxing my brain so hard this late at night.

[draqon]

I'm posied to snag the domains of the only two serious competitors I have. One closed shop last year, and the domain expired a week ago...he's not the one I'm worried about...

The other may or may not still be in business, and her domain is expiring on Monday. I can't tell from her site if she's still actually doing anything, and I'm sure as hell not going to call her to ask just in case she just doesn't realize her domain is about to expire.

If I am successful at registering these two domains, and given that all of our websites offer similar content... can I redirect these domains to point at my site? Or does that make me guilty of trademark infringement? (Especially in the case of the chick who may or may not still be in business -- her domain is a unique name, not descriptive)

Am I obligated to contact said chick (or even the other guy too) to tell them I've acquired their domains and that I intend to redirect them to my site?

I mean, let's say I do let chick know that I snagged her domain. IF she suddenly decides she wants it, I'll offer to sell it back, but I did get it fair and square right?

I hope I phrased this question in an easy to understand manner... it's 1:30am and I really ought not be taxing my brain so hard this late at night.

[draqon]

Registering the domain names of competitors and then redirecting them to your site is definitely trademark infringement. Contacting the chick who still might be in business, to see if she wants her domain, is a nice thing to do but it does NOT make you safe from any litigation she might pursue. HOWEVER, I wouldn't worry too much as it sounds like a situation with very very little risk to you.

[armstrong]

From a machiavellian business standpoint, what you could do is grab both domains, then:

- redirect the first domain to your site; since this competitor has closed shop, then there's no one to complain
- setup the second domain as a blank page, and use a whois obfuscation service; or set it up as a real website in a different product class, so there would be less chance of TM problems

That's what I would consider doing if I were in your shoes, but IANAL.

[DaddyHalbucks]

It depends on the extent to which trademarks are involved. Perhaps the trademarks are obsolete or abandonned. Trademarks normally follow from use.

You need to consult an attorney.

I am not an attorney and this is not legal advice.

[Nameable]

This from someone in Chicago? I guess they've cleaned that town up quite a bit.

Definitely grab the out of business one - they are OUT OF BUSINESS!

Is there any other way of finding out whether or not chick is still in business? If not.. since it sounds like you're doing legitimate business, determine how much you think chick's domain is worth to you, how much you think she stands to lose, and how much it will cost to settle out of court if she comes after you. Depending on the industry and liklihood of litigation, my advice would be to grab the domain.

I am not a lawyer.

[cshel]

This from someone in Chicago? I guess they've cleaned that town up quite a bit.

Definitely grab the out of business one - they are OUT OF BUSINESS!

Is there any other way of finding out whether or not chick is still in business? If not.. since it sounds like you're doing legitimate business, determine how much you think chick's domain is worth to you, how much you think she stands to lose, and how much it will cost to settle out of court if she comes after you. Depending on the industry and liklihood of litigation, my advice would be to grab the domain.

I am not a lawyer.

I'm going to assume the chick is out of business. Her site's been offline for a couple weeks now, and it seems like she just allowed the registration to lapse. I checked her office and apparently she moved out of her rented storefront last year and moved business operations to her apartment (her business phone is listed as being at her apartment in this year's phone book)... so all signs point to things weren't going so well for her.

A couple things bothered me about grabbing her domain. The registration on it hadn't been updated in years. The business used to belong to her and her husband, but I guess she got the company in the divorce and didn't know enough to change the records to put her name as the administrative contact and remove her former husband's name. Also her technical contact is from a company that hasn't been in business for at least 3 years, too. I was worried that the domain might be lapsing because she was sloppy about record keeping and the registrar couldn't notify her that it was time to renew.

So at any rate... I'm pretty sure she's just closed up shop at this point. Unfortunately, I was slow buying the snap and someone else beat me to it (how much you wanna bet it's the ex-husband?) So we'll have to see how the pool, et al. perform for me. *IF* I get the domain, I'll deal with things then.

Regarding the extent of trademark involvement. I know they didn't officially trademark their business name with the state or federally, but that doesn't mean they didn't have the common law trademark. Either way, it doesn't seem like she has the money to keep the business afloat, so I'm sure she doesn't have the money to come after me in court.

Like I said though, a lot of these bridges I'll just have to cross if I successfully grab the domain.

[cshel]

I successfully acquired the domain of one of my now out-of-business competitors yesterday. Since he has been officially out of business for like 18 months, I didn't feel it was a risk to redirect the domain to my site (it's a very generic name too, so I don't think there is any risk at all.)

I plan to send out a press announcement that I've got the domain (it's a slow new week, and I like to take advantage of any free pub I can get)... anyway, and this isn't a legal question, more of a etiquette question... do you guys think it would be a bad idea to phone the former owner of the domain to give him the heads up that a press announcement is going out? I think I would feel bad (if I were in his shoes) and I found out by reading it in the paper.

I guess I can't think of anything bad that can come of it, but I could be overlooking something. I just want to be a good sport and avoid causing hard feelings.

Thoughts?

[jberryhill]

"would be a bad idea to phone the former owner of the domain to give him the heads up that a press announcement is going out"

I am not counting on receiving an invitation to my ex-wife's upcoming wedding.

If invited, I would go to express my condolences to her new husband, God bless him, but I won't feel bad if I don't get one.

[cshel]

The opinions seem to be unanimous

Apparently, I'm being a girl about this issue. I'll let him find out with everyone else.

Thanks for your input, I appreciate the objective comments.
Carolyn

[cshel]

Just a quick update... I did end up trying to contact the owners of both the businesses who have closed shop and who's domains I have successfully regged (hooray!). All my worrying was for naught because both parties have left town and no one knows how to get a hold of either of them.

So the press releases went out, the tv and newspaper interviews were done, and no one's feelings have been injured (at least not that anyone has told me about).

Thanks again for your advice and comments!
Carolyn