Legality of this strategy?

[Zockloros]

I have been wondering if this strategy is legal. If it isn't, how could it be changed to make it legal? Any advice would be appreciated.

"1. Look in the yellow pages. Find a business that already has a website.

2. Call them up and ask if they have a website you can visit (to make sure).

4. If they do, then purchase a domain name that sounds like their business. So if their site is www.FishingBait.com register www.BestFishingBait.com

5. Point it to one of their competitor's websites.

6. Call them up and ask for the manager or owner. For larger companies ask for the advertising department.

7. Tell them to go to the website. They will see their competitor.

8. Now tell them that you can get the domain name for them!

9. They will be ecstatic. They will probably ask. How much? and How is this possible? Tell them that you own the domain name and that their competitor is very rude and you find it difficult to work with them. Now offer the domain name to them for just $50 USD.

10. They will most likely purchase it. Point it to their site. BAM! $40 profit for you. If they refuse, point the domain to their site and go to their competitor.

This works because they think they are taking business away from their competitors and getting it for themselves. You can scale this up insanely, there are literally thousands of businesses out there. You can even outsource it if you choose."

 

[Cartoonz]

People that think like this are the reason Domainers have a bad reputation to begin with.

If you are serious about this "idea", you're a moron.

 

[bmugford]

Bad idea - legally and ethically.

I think it is time to go back to the drawing board.

Brad

 

[Zockloros]

brad, what about this is illegal?

I'm just quoting someone else's idea, but if I were to do it I would not state that I was working for the company the domain is pointed to if such were the case

 

[Biggie]

brad, what about this is illegal?

I'm just quoting someone else's idea, but if I were to do it I would not state that I was working for the company the domain is pointed to if such were the case

it could be deemed as "registering a domain in bad faith", when/if you attempt to mislead an entity to purchase your domain based on those motives and initiatives.


imo...

 

[Gerry]

it could be deemed as "registering a domain in bad faith", when/if you attempt to mislead an entity to purchase your domain based on those motives and initiatives.


imo...

Could be??? 100% bad faith. Especially with sworn testimony related phone calls before and after the fact.

Say hello to not only losing any case but also awarding damages if files in civil court (which, by the way...why go before a "panel" when there are options to file in Civil Court?)

---------- Post added at 10:53 AM ---------- Previous post was at 10:50 AM ----------

You can scale this up insanely, there are literally thousands of businesses out there.

That's thousands of C&D letters, WIPO's, and litigation.

You can even outsource it if you choose."

You'll have to outsource because all of your time will be taken up with hearings, courts, panels, etc.

You can even outsource it if you choose."

I like the idea of getting your friends involved so they can share the same cell with you.

 

[draggar]

"Hello, Bill? Yeah, I got BestOfficeSoftware.com and I pointed it to Adobe. Do you want to buy it from me?"

 

[Gerry]

"Hello, Steve. I have "iPadMusicStore" and have it pointing to Amazon.

I will allow you to make first offer before I contact Steve Bezos at Amazon."

 

[WhoDatDog]

Even though far worse things are done in business, the way you phrase you idea lead me to think that you don't take into account other people's feelings or take into account how your actions will appear to others.

You could accomplish the same thing in a much more respectable way by simply searching for websites online and buying names that were similar, with the hopes that there would be people who would want to protect their brand by buying non infringing names from you. That is legit. Like if someone had PAFish.com you could buy PAFishing.com.

There is a fine line and not many people are 100 percent pure when it comes to domaining. Big business isn't pure, either, and neither is small business. Everyone is looking for an edge.

What you are doing is essentially what domaining is all about, as long as you are not infringing on someone's trademark. Once again, there is a fine line.

But you are way more moral than those hypocrite domainers who clog up threads every time a world or national tragedy happens. These people waste everyone's time by calling out domainers who register names related to the tradegy, yet they never call out CBS or any other form of media who sells advertising for shows dedicated to those same exact events. It is the most ignorant and disgusting thing I have ever seen. A bunch of loser domainers who think it is immoral to register a name of a current event. Absolutely pathetic are those people with their condescending attitude. Those same people watch show after show about the tradegy, then go to the grocery store and buy their stupid Tide detergent for twice as much as the generic brand, all because Tide gets advertised on the show. And they don't even know how dumb they are.

So, you are way above most in the ethics department.

 

[draggar]

You're comparing apples to oranges. While profitting off of a disaster is unthical what the OP is suggesting is that he's trying to profit off of someone else's hard work with something that is most likely useless and worthless.

Registering a domain, pointing it to the competion, and then pretty much bragging about it to the owner is really unethical and is what gives domaining a bad name. He's also hoping to be able to catch the busienssowner off guard and hopes they aren't educated in domains so they won't know any better. All the business owner has done is make a business for themselves and now the OP is asking if it is OK to take advantage of that becuase they didn't register every (keyword)businessname.tld domain. Where will it end? The absolutebestfishingequipmentontheintenetandanywhereleseintheworld.info?

 

[DutchBoyd]

Really wondering what the third step is in OP...

What you are describing is classic cybersquatting and you'll likely get hit up with an ACPA action. You don't have to worry about going to prison. But the ACPA has teeth... up to $100k in statutory damages for what you're describing. The owners don't have to have a federally registered trademark to have established trademark rights. And it can be generic and still end up getting sued... the PAFishing.com example could just as easily land you in court. It's like the quote from Grand Theft Auto : These days you can sue anybody for anything and probably win... or at least get a settlement.

Speaking as someone who is currently on the wrong end of an ACPA lawsuit, I can tell you straight up that this isn't a good idea. It sucks getting sued under the ACPA. Even if you have a strong defense, it still costs you a lot of time/money/stress defending yourself in a lawsuit.

 

[WhoDatDog]

You're comparing apples to oranges. While profitting off of a disaster is unthical what the OP is suggesting is that he's trying to profit off of someone else's hard work with something that is most likely useless and worthless.

Registering a domain, pointing it to the competion, and then pretty much bragging about it to the owner is really unethical and is what gives domaining a bad name. He's also hoping to be able to catch the busienssowner off guard and hopes they aren't educated in domains so they won't know any better. All the business owner has done is make a business for themselves and now the OP is asking if it is OK to take advantage of that becuase they didn't register every (keyword)businessname.tld domain. Where will it end? The absolutebestfishingequipmentontheintenetandanywhereleseintheworld.info?

I know exactly wha the distinction is. I made the point that what he is doing is not much different than what successful domainers do, as long as you avoid trademarks.

The comparison to the lowlifes who look down on all people who register any name having to do with a negative is a valid point. The people who do that are the lowest form of human scum on earth, for they are hypocrites and don't even know it. Every single form of media ever invented sells advertising for their shows, magazine, websites, etc. that are related to tragedies.

I know exactly what I am talking about, thank you. I know who the lowlifes are around here. I used to run off the scammers daily, but scumbag moderators and others who enabe the real criminals to run wild finally wore me out. Now I just md my business, for the most part.

The bottom line is that ethical behavior is pretty easy to figure out, but there is nothing worse than some lowlife clogging up threads every time some negative event happens. As is almost always the case, those who waste people's time with nonsensical threads like that have names that are purely dogshit.

One other thing I have noticed is that those who lable people trademark infringers and cybersquateers almost always are engaged in the same behavior. There was a guy here a few years ago who jumped into ever trademark/cybersquatting thread and called people criminals. This went on for at least a few years. As it turned out, he was doing this because he was buying those infringing names himself. His ass got busted, and he disappeared. I might have to look some of those threads up and giv them a nice bump. It was classic.

Kinda like most every religious moron on the planet. Dig in their closets and see what they actually do, and you will loe faith in humanity real quick.

 

[katherine]

Funny that the domain name used as example by the OP contains the word bait.

 

[draggar]

If you're so sure of your strategy - legal, berry, and hill are all generics and legal berry hill is also a generic (legal advice for people who want to run berry farms?). Go ahead and register legalberryhill.com and then offer it to John Berryhill. I'm sure he'd appreciate it.

(I am not responsible for any kind of legal actions that may follow if anyone does follow this satirical advice - it is just there as an example of what the OP is asking if it is OK to do).

 

[Dirty SEO]

Is there a "Bad idea" forum this can be moved to? :?:

 

[Poker]

Is there a "Bad idea" forum this can be moved to?

Most of the bad ideas here are posted in the politics section, should fit right in.

 

[eeedc]

Really wondering what the third step is in OP...

What you are describing is classic cybersquatting and you'll likely get hit up with an ACPA action. You don't have to worry about going to prison. But the ACPA has teeth... up to $100k in statutory damages for what you're describing. The owners don't have to have a federally registered trademark to have established trademark rights. And it can be generic and still end up getting sued... the PAFishing.com example could just as easily land you in court. It's like the quote from Grand Theft Auto : These days you can sue anybody for anything and probably win... or at least get a settlement.

Speaking as someone who is currently on the wrong end of an ACPA lawsuit, I can tell you straight up that this isn't a good idea. It sucks getting sued under the ACPA. Even if you have a strong defense, it still costs you a lot of time/money/stress defending yourself in a lawsuit.

And since Z just described his intentions, he has no defense at all. I don't think you can use the insanity defense in civil cases so even that's out.

People cybersquat all the time, but they either say nothing or say BSpears.com means "Bill Spears" and not someone famous or some famous trademark.

Aside from the lack of ethics proposing a scheme that provides no value to socienty, it sounds like Z does not have the skills or brains to pull it off.

 

[stewie]

It's ideas like this that give domainers a bad name.

 

[Tim Schoon]

Perfect example of cybersquatting.

 

[VirtualT]

This is only going to be successful if you can hand reg a domain better than the one they are using which is unlikely.

Do you really think the owner of FishingBait.com is going to jump at bestfishingbait.com unless they are idiot's?