A domain name is reported as not available only if the exact name is already taken. For instance, if an availability search tells you that madprophet.com is already taken, you may find that "mad- prophet.com" or "madprophets.com" is available. So, if you are not wed to the exact form of your first proposed domain name, you can experiment with minor variations until you find an acceptable name that is available.
The fact that a slightly different name is available doesn't mean that you can or should use it, however. Using a domain name very similar to an existing one may result in trademark infringement—the violation of someone's trademark rights. If you're found to have infringed someone's trademark, a court could order you to stop using the name and pay money damages to the other domain name owner. The result would depend on whether:
•the name is actually being used on a commercial website, or
•the close similarity in names would be likely to confuse potential customers.
For example, a potential customer who sets out to access the original madprophet site but who mistakenly types in a dash will end up at your site. This may be a temporary diversion, or it may represent the loss of the other site's customer to you. Especially if you are offering competing goods or services, you will have created the exact type of customer confusion that the trademark laws have been designed to protect against.
If you're thinking about choosing a domain name that is only a slight alteration of another site's domain name, read Chapter 7 on customer confusion first.
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