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shereen
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PostPosted: 16:31 - 04 Dec 2014    Post subject: Domain name advice Reply with quote

Is it frowned upon/illegal/cheeky/fookin well out of order to register a domain as camberleyfencingcompany.co.uk if there is already a camberelyfencing.com (they supply and install fencing, we only install?)
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lihp
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PostPosted: 16:33 - 04 Dec 2014    Post subject: Reply with quote

Probably illegal.
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Going
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PostPosted: 17:55 - 04 Dec 2014    Post subject: Reply with quote

Why. Two different names.
If you're trying to make your website to pretend to be this other site, then that's probably illegal.
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The Artist
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PostPosted: 18:05 - 04 Dec 2014    Post subject: Reply with quote

If you owned camberelyfencing.com, would you be happy about the situation?

If you say no, there is your answer. If you say yes, you are a liar.
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duhawkz
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PostPosted: 18:26 - 04 Dec 2014    Post subject: Reply with quote

It depends, do you own/work for Camberley fencing company if you do and you supply fencing then it you could probably get away with it, but you could hit trademark/IP issues depend if the other camberly fencing have registered trademarks and who was formed first.

If you dont and your thinking of trying to nick it and flog it back to them it's known as domain squatting and if they have a trademark you could end up in court.

https://www.whoishostingthis.com/blog/2013/11/06/domain-squatting/
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Rogerborg
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PostPosted: 20:46 - 04 Dec 2014    Post subject: Reply with quote

Why not just describe the actual situation? Are you intending to squat to mess someone up? Is it being done to you? Is this an actual commercial spat, or a personal vendetta? Is the victim risering to the bait?
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doggone
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PostPosted: 20:53 - 04 Dec 2014    Post subject: Reply with quote

Neither camberelyfencing.com or camberlyfencing.com exist so may be hypothetical Rolling Eyes
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Rogerborg
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PostPosted: 21:18 - 04 Dec 2014    Post subject: Reply with quote

I expect it's unnecessarily obfuscated rather than hypothetical.
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ScaredyCat
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PostPosted: 21:22 - 04 Dec 2014    Post subject: Reply with quote

If you're called Camberley Fencing then there's no problem with it. What do you think happens with any other companies that have the same name ?

There's nothing wrong with it at all. Make your site look totally different so that you don't fall foul of any 'passing off' laws.

Owning a .com (or conversely a .co.uk ) doesn't automatically entitle only you to have that domain name and all the TLD variants thereof. you want it you have to buy it*.


* and by buy I mean rent.
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lihp
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PostPosted: 21:42 - 04 Dec 2014    Post subject: Reply with quote

ScaredyCat wrote:
If you're called Camberley Fencing then there's no problem with it. What do you think happens with any other companies that have the same name ?

There's nothing wrong with it at all. Make your site look totally different so that you don't fall foul of any 'passing off' laws.

Owning a .com (or conversely a .co.uk ) doesn't automatically entitle only you to have that domain name and all the TLD variants thereof. you want it you have to buy it*.


* and by buy I mean rent.


Calling your business pretty much identical to another local business, trading the same stock and it's pretty much passing off already.

It also reminds me of the Mike Rowe incident.

Microsoft vs Mike Rowe Soft
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CaNsA
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PostPosted: 22:31 - 04 Dec 2014    Post subject: Re: Domain name advice Reply with quote

shereen wrote:
Is it frowned upon/illegal/cheeky/fookin well out of order to register a domain as camberleyfencingcompany.co.uk if there is already a camberelyfencing.com (they supply and install fencing, we only install?)


inb4 seeing a stubbly scalp on Rouge Traders followed by "not to be confused with other companies of a similar name"
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Northern Monkey
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PostPosted: 22:31 - 04 Dec 2014    Post subject: Reply with quote

lihp wrote:
ScaredyCat wrote:
If you're called Camberley Fencing then there's no problem with it. What do you think happens with any other companies that have the same name ?

There's nothing wrong with it at all. Make your site look totally different so that you don't fall foul of any 'passing off' laws.

Owning a .com (or conversely a .co.uk ) doesn't automatically entitle only you to have that domain name and all the TLD variants thereof. you want it you have to buy it*.


* and by buy I mean rent.


Calling your business pretty much identical to another local business, trading the same stock and it's pretty much passing off already.

It also reminds me of the Mike Rowe incident.

Microsoft vs Mike Rowe Soft


A much more important question, is do you think that the company that may object to your domain name has the resource to take action against you.

If you're picking a fight against Microsoft, then the answer is clearly yes. If it's a fencing company, then they probably can't afford to, so you can do what you like
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ScaredyCat
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PostPosted: 23:12 - 04 Dec 2014    Post subject: Reply with quote

lihp wrote:
Calling your business pretty much identical to another local business, trading the same stock and it's pretty much passing off already.


This is a different issue and we don't even know, yet, if the other company is even in the same location or indeed if the other company is named because of its location or because the owner is called Camberley. (or both).

The question was regarding domain names. Even if the companies are both local the domain issue isn't an issue at all provided there's a clear distinction and no attempt by either to pretend to be the other.

fencefitters.com and .co.uk are both available and would probably end up with better google rankings.
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covent.gardens
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PostPosted: 23:37 - 04 Dec 2014    Post subject: Reply with quote

Read up on cybersquatting. If you've registered a domain similar to a company's trading name then that's what you'll likely be accused of. If you are actually trading as a company with a similar name in a similar field then that's even worse and you shouldn't be.
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ScaredyCat
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PostPosted: 08:26 - 05 Dec 2014    Post subject: Reply with quote

covent.gardens wrote:
Read up on cybersquatting. If you've registered a domain similar to a company's trading name then that's what you'll likely be accused of.


Cybersquatting has nothing to do with this, it's about trademark protection.

Xx-BarbieGirl-Xx wrote:

Nominet and co can also take the domain from you, or make you transfer it to the 'wronged' party.

See this --> https://mirrors.paul.sladen.org/www.nic.uk/drs/decisions/jsmotorcycles-v-kjm.html


That case is because "Lee" registered the domain and then offered it for sale. It's a completely different scenario:

Quote:
On 20 December 2001 the Applicant received a telephone call from an individual previously unknown to it called "Lee", who stated that he had registered the domain name (www.montesa.co.uk)and was offering it for sale to the Applicant. The Respondent then faxed to the Applicant a copy of the Domain name Registration certificate. Thereafter the Respondent sent a fax to the Applicant with a picture of a new motorcycle stating that "...I don't know how to offer this item to your selves. Its difficult to place a price on a name especially Without doing yourself out of pocket. This would be nice though!" An arrow pointed to a picture of a trail bike with a list price of £3,300.00 The Applicant offered the Respondent £250.00 The Respondent replied by email suggesting £2500.00. The applicant made a further offer of £500.00 The Respondent suggested £2000.00. Thereafter the Respondent activated the web site.

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shereen
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PostPosted: 10:01 - 05 Dec 2014    Post subject: Reply with quote

So the situation is that my partner wants to expand his company and we are moving to Camberley in a couple of months. He is a fencer so wants to call the company Camberley Fencing Company which will be affiliated with his main company, Anthony Beale Fencing. Camberleyfencing.com is based in Camberley and they mainly supply timber to the trade and public rather than install products, they are not well know in the industry. My partner only installs fencing.

So yay or nay?

We don't wan't to cyber squat, but use the domain to set up a legitimate company.
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shereen
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PostPosted: 10:02 - 05 Dec 2014    Post subject: Reply with quote

doggone wrote:
Neither camberelyfencing.com or camberlyfencing.com exist so may be hypothetical Rolling Eyes


Typo: should read camberleyfencing.com
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duhawkz
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PostPosted: 10:17 - 05 Dec 2014    Post subject: Reply with quote

I think you will *probably* be alright, providing your website bares no resemblance to the other company's, different colour scheme no similarity in logo design etc.

As mentioned above it is possible to have 2 companies with the same name as long as your not trying to pass one off as the other.

but why not just use Anthony Beale Fencing and avoid any problems all together
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lihp
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PostPosted: 10:43 - 05 Dec 2014    Post subject: Reply with quote

I'd say no, and I am also thinking this is an attempt to gain new business quicker in your area by sitting on the back of another similar companies name.
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Rogerborg
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PostPosted: 11:12 - 05 Dec 2014    Post subject: Reply with quote

Camberleyfencing.com = Camberly Fencing Products.

If your bloke really wants "Camberly Fencing" in the company name, then I'd suggest Camberly Fencing Services.

Folk find things through Google now, so domains don't really matter that much. Get anything that you want. Be prepared to work cheerily with Camberly Fencing Products to disambiguate the companies. Having his business cards on their counter is better than firing snotty nastygrams back and forth.
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daemonoid
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PostPosted: 13:24 - 05 Dec 2014    Post subject: Reply with quote

Rogerborg wrote:
Camberleyfencing.com = Camberly Fencing Products.

If your bloke really wants "Camberly Fencing" in the company name, then I'd suggest Camberly Fencing Services.

Folk find things through Google now, so domains don't really matter that much. Get anything that you want. Be prepared to work cheerily with Camberly Fencing Products to disambiguate the companies. Having his business cards on their counter is better than firing snotty nastygrams back and forth.


Camberleyfencing.services is probably available too. The new gTLDs seem to help with SEO too...
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shereen
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PostPosted: 14:14 - 05 Dec 2014    Post subject: Reply with quote

duhawkz wrote:


but why not just use Anthony Beale Fencing and avoid any problems all together


We want a separately run company so my partner can concentrate on setting up the new company which will be local to us and leave his existing workforce covering the Woking area. We also have a 3rd company which is partnered with another fencing company in a completely different area altogether. It makes sense for us to do it like this anyway.

lihp wrote:
I am also thinking this is an attempt to gain new business quicker in your area by sitting on the back of another similar companies name.


Absolutely not the case at all. Like I said they are not well know in the industry whereas my partner is very well known and established.

Having considered all the replies on here I have decided to go with Bracknell Fencing Company. There are no other companies in the area with similar names and also Bracknell covers a wider area than Camberley and is just up the road from us.

Saves any future issues of which I don't need or want.

Thanks for the replies Thumbs Up
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lihp
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PostPosted: 14:19 - 05 Dec 2014    Post subject: Reply with quote

shereen wrote:

Absolutely not the case at all. Like I said they are not well know in the industry whereas my partner is very well known and established.


If he is established and well known, then surely it makes sense to continue using his current name rather than changing it to one nobody has heard of?
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CaNsA
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PostPosted: 14:25 - 05 Dec 2014    Post subject: Reply with quote

Cheap as chips.


Order confirmation
Domains:
- Additional domain(s) booked with your package:
bracknellfencingcompany.com

Monthly:
Special price: 0,10 GBP for 12 month(s)
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