I was looking at a domain name that I want to purchase and noticed that there is another domain out there that someone else has already for the same subject only there is one word in it that is different. For example SCARY and CREEPY. They mean they same thing but are different, and the domain name I want has the other word.
My question is, would this be copyright infringement? They are on the first page of google and get around 50,000 visitors a month. I think I can provide way better content and put in better affiliate links and offers that pertain to their market way better. For example, they are using Constant Contact as an affiliate partner on the site and it has nothing to do with their subject!
I think it would depend on the nature on the commonality.
I would check with WIPO to see if your competitor has a registered trademark.
If they don't then, if the words are generic (e.g. online, central, hub, pages etc) and not brand-related (e.g. ezy, nike, apple, i-prefix etc) then that's another plus in your favour.
Also, if you're not competing in the same industry or product field, that should also be another mitigating factor.
I forgot to mention that it is generic words, almost like a sentence instead of a domain name like ClickNewz.com. It's a How to do something domain name. If that makes sense.
It is a more generic worded domain. Not to give away what the domain name is but it very simular to this: www.HowToCatchAFish.com my domain I am thinking of getting is something like HowToSnatchAFish.com. So all I am changing is the one word, and it's still about the same subject.
My gut reaction is: it depends on how it "reads" to the viewer. If I was looking for tips on catching fish, I would click on "howtocatchafish"......and I would never click on "howtosnatchafish" because I would think it was a spoof or something sexual..and would not waste my time clicking on it.
So, it depends how that one word changes how it is "read".
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