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Can I buy a same domain name with different TLD and add similar content with different design of site? Is there any copyright issue?

to be more precise, imagine site which have function ''remove bg from photo'' and domain ''hidebg.com'' if I buy domain ''hidebg.org'' and add different design with same function remove bg from photo with some extra function like convert photo to different formats, thats legal?

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    Copyright doesn't apply to domain names. There can be trademark issues, though. And if the content is too similar, that could be copyright infringement.
    – Barmar
    Commented May 14 at 21:00
  • if content is too similar to trademark domain or if content is too similar to any domain?
    – mark8422
    Commented May 14 at 22:42
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    @mark8422, both. Trademark law differs in details between jurisdiction, but generally, if it looks as if it is confusing the consumer, it may be illegal.
    – o.m.
    Commented May 15 at 4:25
  • Trademark. Some times companies have sued to be handed over domains.
    – Trish
    Commented May 15 at 7:36
  • i update question, please check
    – mark8422
    Commented May 15 at 8:12

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There are two areas of law that are relevant here: Copyright and Trademarks.

Copyright is only a problem when the content or design is copied verbatim or a derivative work. Just being similar in nature is (usually) not enough for a copyright claim. Specifically, copyright doesn't apply to abstract ideas or methods. So creating a product that has the same functionality as a product from someone else is usually not a copyright violation as long as it was developed independently (patents might sometimes apply here, but that's a whole other can of worms).

But the bigger problem here might be trademarks. Trademark law says that you are not allowed to sell goods and/or services under a name (or a confusingly similar name) as a competitor offering goods and services in the same category. Trademarks can be registered to obtain stronger legal protection, and a well-organized and well-funded company will usually do so. But one can also gain so-called "common law" or "unregistered" trademark protection by simply using a name in commerce. Using a domain that is similar to a trademark owned by someone else can be legally problematic, especially when they are in the same industry. See the well-documented landmark case from 20 years ago Microsoft vs. MikeRoweSoft. Yes, Microsoft settled in this case, but they were forced to do so by the court of public opinion, not by the court of law.

But note that in many jurisdictions, trademark protection requires that one actually does business under that name. It often does not protect strictly non-commercial activity.

Another limitation on trademark protection is that it does not apply to "descriptive" or "generic" terms. When one sells a good/service under a name that literally describes the kind of good/service being sold (like in this case "hidebg" for a service that hides the background of an image) then a court may rule that the name is too generic to warrant protection. But this is an argument you (or rather your very well-paid trademark lawyer) would make in court. And there is no guarantee that the judge would see it the same way you do.

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    some generic names have distinctiveness, e.g. "Telekom" is a telecomunications company, but companies of that name often have enough market power that everyone knows who is talked about in a country, granting them trademarkability.
    – Trish
    Commented May 15 at 8:30
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    To say copyright only applies to verbatim copies is just not true.
    – Dale M
    Commented May 15 at 12:47
  • @DaleM I elaborated a bit on my description of copyright. If this new revision does not address your concerns, please provide some constructive feedback.
    – Philipp
    Commented May 15 at 13:37
  • My issue is with the word “verbatim”, if I copy a Harry Poyer novel and change 1 word, it’s not verbatim but it’s still copyright infringement. Even if I paraphrase the entire work, it’s an infringing derivative.
    – Dale M
    Commented May 15 at 21:52

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