What Is Confusingly similar? Domain Glossary

Why it matters

Panels compare the domain with the mark side by side. If the whole mark, or its main part, appears in the domain, the test is usually met. Adding words like shop or a typo does not avoid it. The test is only a threshold. Strong defenses come later, under rights or bad faith. A common mistake is thinking a similar name is safe if the content is different. The test looks at the name, not the website.

Source: wipo.int

Related terms

UDRP: The Uniform Domain-Name Dispute-Resolution Policy, ICANN's rules for resolving trademark-based complaints about domains. A complainant must show three elements, and the usual remedy is transfer or cancellation.
Trademark: A trademark is a word, phrase, symbol, or design that identifies the source of goods or services. It can be registered or based on use, and it can limit how others use similar domain names.
Typosquatting: Typosquatting is registering a domain that is a common misspelling of a well-known name, hoping to catch visitors who mistype it. It is a form of cybersquatting when done in bad faith.
Rights or legitimate interests: Rights or legitimate interests is the second element of a UDRP complaint. It asks whether the domain owner has a real, good-faith reason to hold the name, such as a business, a nickname, or fair use.
Bad faith: The legal standard under the UDRP for abusive domain behavior. A complainant must show a domain was both registered and used in bad faith, such as targeting a trademark to profit or to harm.

All 205 terms

Why it matters

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