What to do if someone uses a similar domain name?

A friend of mine, who is a business owner, recently emailed me, and I could read the panick in his email.

He bumped into a website from a competing company, with a domain name that was almost identical to his own domain name. To make it worse, the competitor offered similar services, and used the same colors in its logo. It could be very confusing for his (potential) customers and so a potential Intellectual Property issue. And he asked me: what can I do?

What to do if someone has a ’look-alike’ domain name?

Registering domain names that include trademarks or trade names of others, is called ‘domain name grabbing’ and it comes in different forms. For example, if you register the domain name ‘Google.amsterdam’, then the domain name is identical to the trade name ‘Google’. If you register ‘Googl.com’, then the domain name is similar to ‘Google’, a ‘look-alike’ domain. In this blog, I focus on the last one.

Option 1: Do nothing and let go.

This seems to be the cheapest option at first sight. What are the chances that your customers  visit the wrong website? Once a visitor discovers that he is on the wrong website, he will go back to Google and search again, right? Besides, you can use SEA (search engine advertisement) to lead customers to your website.

However, there is a risk that potential customers stick with the ‘other company’ and do not look further. That could cost you business in the future. I would not recommend this option, unless the domain names are too different, or the services are not alike at all.

Option 2: Work together.

You can see this as an opportunity to cooperate with each other, or even merge with each other. This will only work out if the other company acted in good faith, if you like each other, and your services are not overlapping. You can even ask for a referral fee if you give business to the ‘sister’ company.

Option 3: See you in court!

You go to court and ask for an injunction against the other company. This option is probably the most effective for your purpose, but also the most expensive one, because you need a laywer for this. You have to prove in court that there is a risk of confusion between the two trade names, based on the comparison of the words, the businesses and business areas of both parties.

Option 4: Get the domain name.

You can try to get the domain name, by starting arbitration proceedings. There are special procedures to handle this kind of domain name cases, depending on the extension. For example, to get a .nl domain name, you have to go to SIDN. Using a lawyer is not mandatory, but recommended.

If you succeed, you get the domain name, and you can simply redirect this domain name to your own company website team task management software. Registering ‘look alike’ domain names should be part of your online strategy, as a prevention measure against domain name grabbers.

And of course, the domain ‘Googl.com’ is not available anymore; it redirects to Google.com (you can try this yourself).

Do you want to know more?

Of course, the above story and tips are a bit simplified, because (as always) there are many circumstances that need to be taken into account in any case. If you are in a similar situation, it is always best to consult a lawyer ?

Did you like this blogpost or do you have any questions? Please let me know in a comment below.