Domain legal question (australian)

[corpsegrinder]

Is this illegal?

If I am setting up a site, lets say called www.parentingzone.com

and I am buying extra domains to point to it just to get more rankings etc

and there is a site I want to compete with called www.totallykids.com.au, they also have the domain www.totallykids.com. They are a registered australian business but not a trademark as such, just a small kids clothing shop with a site selling their stuff and a forum.

is it illegal for me to register www.totallykids.net and point it to my site? Is there anything they can do about it?

Site names I used are examples only.

 

[kabatak]

As far as I know, if you are using the same trademark in the same course of business, it is illegal. But I am not really sure when it comes to domains.

 

[corpsegrinder]

But I don't think a business registration has the same power as an actual trademark. Especially when the business name is very generic.

Anyone else know?

 

[hottweelz]

It's called Domain Squatting. And I believe the "International Regualtions" indicate that the domain name has to be relevant to the content of the site... You are allowed to buy your competitors domain name if you were to sit there and compare how you are better than them... but you just can't own it for the sake of owning it.... you will lose it in court... just like http://www.madonna.com

 

[X3r0X]

name has to be relevant to the content of the site

Yes, thats true. Its like the person that owned Mikerowesoft.com . He didnt get sued because his website had serious content. Although microsoft did buy it, but at a HEFTY price .

 

[Robert]

My motto is:

If you have to ask, then it's probably not the right thing to do.

I wouldn't do it. While you are entitled to register domains of your choice, any company with that trademark ownership can legally takeover that domain. In the end, it could cost you more than what you paid for the domain itself if they decided to take you to court and have to pay court fees.

 

[Dan]

I agree completely with Robert. If in doubt, don't do it.

However, I will say that, if they are a non-registered company, then they have no legal rights over any domains. But to be safe and save myself anything up to thousands of dollars on legal costs, I wouldn't bother with it.