Similar website address and same service

Someone, with the same name as me, has picked almost the same domain name and is offering very similar service in the same town. Can I do anything?

Can I do anything legally?

With best wishes,

Katie

38 viewsdomain name law

Alasdair Taylor's Answer

In the first instance I suggest writing politely to the person concerned, pointing out the possibility of confusion, and asking whether they would consider using a different domain and/or business name.

If that doesn’t work, legal avenues you could consider include: (i) a domain name arbitration (as this is a .uk domain, that would be using the Nominet procedure, https://www.nominet.uk/domains/resolving-uk-domain-disputes-and-complaints/); and/or (ii) a complaint of passing off (https://en.wikipedia.org/wiki/Passing_off). Domain name arbitration is cheaper, quicker and much less risky than passing off litigation. You should take proper legal advice before going down either route.

NB I am assuming you do not hold a relevant registered trade mark.  If you do, that could help with a domain name arbitration and ground a separate infringement action.

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