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I want to create a website for a particular industry. There is a term that is used quite widely in the industry - for the sake of argument, lets say the expression is "great scott". The term is used by a lot of people - and as far as I know, the expression ("great scott" in this example), is in the "public domain", in that it is used freely by all and sundry, and the term is generally understood without having to explicitly state what the words mean.

Having said all that, there is an industry 500lb equivalent gorilla, which has a domain with the domain name www.greatscott.com. However, the domain www.egreatscott.com is available.

What is the risk (or indeed legal basis of) a legal suit from the 500lb gorrila company if I start my website (which is in the same industry), using the domain name www.egreatscott.com ?

Are there any legal precedents for such a law suit?

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up vote 2 down vote accepted

I am not a lawyer so this is not by any means legal advice, just my opinion. The name is very similar and will likely confuse some people specially since you are in the same industry. If you move forward with this, the 500lbs gorilla you mentioned will not have a problem sending you a letter of cease and desist claiming that you are infringing their trademark by having a very similar domain name.

Trademark FAQ

Copyright FAQ

My opinion, just get a different domain name and stay away from any potential trademark or copyright issues, it is not worth the time, energy or money.

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