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Originally Posted by spiceboy
Hi Jkomp, yes , I had some success, they have dropped the domain name and removed the redirect. Thanks all for your input and dburdon, I agree with you regarding the passing off aspect, that was my key argument.
Oh, and IIxxVADERExxII, I care about what Google thinks, thats why I am No 1 for all my competitive keywords and why my turnover has doubled in the last 12 months - maybe you shouldn't drink and contribute to forums at the same time?
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While I don't mean to agree with IIxxVADERExxII's tone, I do agree with the idea behind it. Which is Google really isn't in a position to determine which URLs infringe upon trademarks. As a matter of fact, Google is being sued for massive copyright infringement by the Authors Guild. Google has also been sued numerous times for trademark issues.
Since you claim that you are #1 for all of your competitive keywords, then it should not have mattered that the fraudulent site even existed; because, following your implication that being #1 for your competitive keywords is so important, the other sham site could not have possibly received traffic from your links on the SERPs that you claimed to command. In other words, someone discovered the unhyphenated site by manually entering the URL.
This points out some important issues:
1)SERPs are not all-important
2)Humans actually (manually) enter URLs
3)Domain names are more important to the human than the SE.
I think a key-learning point here is make your domain name human-friendly and avoid hyphens, when possible and practical.