real-world analogy
Let's say people keep taking an understandable wrong turn when approaching some stadium car park, by going down Acacia Avenue instead of Acacia Road.
So someone opens a car park in Acacia Avenue.
The stadium complains.
"But I'm not pretending to be you," says the owner of the new car park.
"But you wouldn't exist if we weren't here. You're profiting from being around us!"
"Yeah. So?"
I can't see the stadium successfully taking new car park to court.
Unless a typo-site is advertising itself, and falsely leading people there, they sound like the car park, to me.
Bolinger: "But they could be causing damage to a brand name."
Is there some law I don't know about where a perfectly legal activity becomes illegal if a side effect is that it might conceivably and unintentionally damage someone else's brand name? Are we really that far into Corporate madness?
Stadium owner: "Our website says we have plush car parking on Acacia Road. People find your shoddy car park on Acacia *Avenue* and think we have shoddy car parking. You are damaging our brand!"
"So?"
Like the other lawyer says, you could *argue* it - standard non-committal lawyer-speak, you can argue anything you like - but I don't give you much chance of succeeding. (Any tech lawyers reading?)
ps
> one of the ex-Psion guys, a long time ago, registered...
www.symbain.com