domain dilemma

[plastic_cherries]

hi everyone! would love to hear some opinions on my business name and domain dilemma

so as an example, my business name is empty wooden box and i wish to register a domain name for
emptywoodenbox.com.au
but there are already businesses with the domain names
emptybox.co.uk &
myemptybox.com
and we are all in the same industry that has nothing to do with boxes (say, fashion) is there an infringement there on my behalf? especially if these sites dont have trademarks? ..would getting my business name trademarked allow me to use it as a domain name with no hassles? would the word 'wooden' change it up enough?
thanks for reading!

[JakeThomas]

Hi Plastic_Cherries,

From what I understand, there is nothing stopping you registering a similar domain to someone else, especially those in other countries.

Trademarks for business names go through separate channels than domain name registration.

We have plenty of web experts on here, I have no doubt they will chime in soon and give you a better answer than me =)

- Jake

[Chris Bates]

Hey,

You're fine to register the .com.au - auDA governs itself and has no connection to .co.uk and .com policies.

If they were Australian businesses with similar names it starts getting sticky (more in the business/legal arena), but it's pretty difficult to legally lay claim to domain names. Trademarks are useful when protecting your claim to a domain, but it in no way gives you the right to it.

Cliff notes: go ahead and register it. Live long and prosper

[JakeThomas]

(FYI - you can't say "live long and prosper" followed by a smiley face. "Live long and prosper" is a Vulcan greeting, and Vulcan's don't show emotions and therefore don't smile)

[v2Media]

LOL - classic!

[JakeThomas]

haha - Shouldn't have hijacked the thread, someone will have to tell the admin!

In case there are non-nerds out there - Vulcans are a race that suppresses their emotions from Star Trek =)

- Jake

[help_from_ingenyes]

There is not much you can do if it is a foreign domain name. But if you have an Australian business and someone is squatting on it as .com.au domain name then all you have to do is to approach the Australian Domain Name Authority (AUDA). Nine times out of ten that will solve the problem and the domain will be awarded to you.

It can get sticky if the present owner feels they really have a right to it and want to fight (for example, your business is called Smith and Sons Florist and there is another business called Smith and Sons Bakery and they own smithandsons.com.au). In that case there is an adjudication process that AUDA have in place but it is pricey.

Which also raises the point that you should be careful that domains that you register will not step on any ones toes. Some domains names can not be registered at all if they contain certain words. Go to a registrar's website and try and register anything with the word "olympic" or "commonwealth" in it. It won't happen.

If you do find a domain that is perfect for you I would recommend getting every variation of it to safeguard your intellectual property. If you were lucky enough to own business.com.au you would really, really want to own it as a .net.au, .com, .tv, etc, etc.

[MihadAli]

What about EWB.com.au? Make it easy and simple for people going to the site?

[PeteFrederick]

If the domain names are different then there are nof infringements. It's ok for you to register "emptywoodenbox.com.au" if someone else has "emptybox.co.uk or
myemptybox.com" The law is very clear on this, they are different and therefore not infringing. However if your site would contain their registered name within your name such as "myemptybox.co.uk" then that could be construed as infringement, since it would be similar to you having a site as "mycocacola.com". I am sure if you would have a site like that then you would get a knock on your door from a bunch of suits.

Good luck,
Pete

[lixgo]

Plastic Cherries
Just make sure you register an ABN - Getting a the Domain Name should not be a problem.
Goto http://www.abr.business.gov.au/ to check if there are any other business names in Australia have been taken.

Good Luck
Nick