# this domain name infringing??



## monkeyisland90 (Dec 1, 2008)

I'm trying to do a side tshirt shop where domain is hottertopic.com it will be kind of like just trendy tshirts from pop culture ... will this pose a problem in legal department since there is hottopic.com?


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## Printor (Apr 16, 2015)

Probably legal cuz it's slightly funny, you can get away with a lot more in the name of comedy. But I wouldn't. It would be bad for your Image/rep. My mind goes straight to cheap knock off bootleg stuff. would you walk into a burger joint called Donald Mc's, or a coffee shop named Buck Star's? I'd come up with something unique. plus, anything you do online will be buried in thousands of links to their site.


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## kimura-mma (Jul 26, 2008)

Here's a good article that may help you.

Domain Name Infringement | LegalMatch Law Library

Sounds like you could have some issues because it's possible that consumers may confuse your site with Hot Topic's site. Best to consult an attorney to be sure.


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## 23spiderman (Jun 26, 2008)

i have zero legal advice to give...

if your company name was "monkeyisland90" and stuff could be purchased at "monkeyisland90.com", would you be ok with me creating my own company called "monkeyerisland90"? or "monkeyisland89"? i know i'm being ridiculous, but i'm pretty sure you would be protective of your own company name. there is no doubt that "hottertopic.com" is utilizing the popularity of Hot Topic.


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## monkeyisland90 (Dec 1, 2008)

23spiderman said:


> i have zero legal advice to give...
> 
> if your company name was "monkeyisland90" and stuff could be purchased at "monkeyisland90.com", would you be ok with me creating my own company called "monkeyerisland90"? or "monkeyisland89"? i know i'm being ridiculous, but i'm pretty sure you would be protective of your own company name. there is no doubt that "hottertopic.com" is utilizing the popularity of Hot Topic.


well hottopic is a giant site so its probally best i dont go through with it seems there are many names i can go through .. would hate to have a site i spend a lot of time on and get it torn down instantly.. is there a site where i can check if names are aleady trademarked or taken?


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## monkeyisland90 (Dec 1, 2008)

monkeyisland90 said:


> well hottopic is a giant site so its probally best i dont go through with it seems there are many names i can go through .. would hate to have a site i spend a lot of time on and get it torn down instantly.. is there a site where i can check if names are aleady trademarked or taken?



But if someone who know the law absolutely think there is no issue with the site name.. maybe it should be ok.


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## DTGmart (Apr 24, 2015)

Anyone can sue if they have proper standing; It's up to Hot topic. If they think that you are selling similar product with similar domain name, and see that you are making money? Yes, they can easily take action. I would definitely consult an attorney. The law is there to protect consumers from confusion and misleading, and big companies have money to abuse it.


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## Printor (Apr 16, 2015)

Any domain name is legal if you own it. It's all the other details that are the issue. That's Why many people will buy the 10 or 20 domain names closest to theirs, but only use one.


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## kimura-mma (Jul 26, 2008)

monkeyisland90 said:


> is there a site where i can check if names are aleady trademarked or taken?


search the database at United States Patent and Trademark Office.


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## brad7821 (Mar 28, 2015)

legalzoom is awesome. If you contact them they will help you out. They have for us on every legal aspect of our shop hollow leg 

Best of luck


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## Printor (Apr 16, 2015)

Go Daddy's home page has a search bar for names. it will tell you if it's taken and what the closest avail. names are. (Domain names, not legal Biz names)


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## freebird1963 (Jan 21, 2007)

Screw all the research. 
Read this.
Microsoft vs. MikeRoweSoft - Wikipedia, the free encyclopedia


And if you feel safe after that then go for it. If your butt puckers and your bank account doesn't feel big enough don't do it


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## PyramidPrintWrx (Jan 16, 2014)

Printor said:


> Go Daddy's home page has a search bar for names. it will tell you if it's taken and what the closest avail. names are. (Domain names, not legal Biz names)


Just be aware that there have been allegations by some that after doing domain searches on GD, and finding some good ones available, within minutes of the search the domains are suddenly UNavailable and oddly the owner is GD itself and the domain is for sale in their marketplace for an inflated price. Allegedly.

There are plenty of other honest legit sites on which to do domain searches.


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## Iroqnroll (Nov 27, 2014)

Host Gator has a search as well and even throws some decent alternates if taken.

I'm no lawyer but in research I've done, if the products are similar the name should be farther apart.


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## tcrowder (Apr 27, 2006)

> is there a site where i can check if names are aleady trademarked or taken?


https://instantdomainsearch.com/#


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