a doubt about trademark and patents

i want to start a site.but its name is very much similar to big brands like google...but the domain doesnt contains their name,but only a slight variation of them like googgle,gogle,etc...(i know these arent available,but for the sake of explaining).
so my question is it OK to start a domain like (name similar to those brands).
also can i use a part of their name in domain name,like seeokia.com or seeoogle.com ???

thank you guys for your time

 

Basically as long as it is similar but not exactly using their name it is normally ok. The problem comes if your site becomes a huge success. At that point, the major company could pursue legal action and force you to remove the name. Anytime you try to copy another name you open up a possible law suit. Some major examples in real life was KFC which use to be Kentucky Fried Chicken. They were forced to change their name after years of business because the state of Kentucky patented the name Kentucky. They either had to pay big money to use it or change their name.

Another one was Auto Zone. They use to be called Auto Shack but was sued by Radio Shack and forced to change their name after several years.

Basically if you think you are capable of making a website that will really compete with the big dogs, use an original name. If it is just a make a few bucks site, you can slide by because chances are they will not waste their time.

 

Trademark laws include similar sounding names. If you have a name similar to another trademarked name and you are in the same business, you may get into legal trouble.

e.g. If you use gooogle.com for a search engine, Google may sue you on grounds that you are taking advantage their brand, by confusing users with a similar name.

 

thanks this info was really helpful.
i think i can implement one idea (domain name sounding like the one of a big dog),since that wont be a competition to them but me just trying to make few bukcs with it.

but in the second case (using a part of their name) am affraid i need more clarification.
let me tell you with an example.there is famous social networking site called orkut.com and there is some other guy making another one called hikut.com
so is there any problem for the second guy (for using "kut" in their name).
the main point here is both of them are social networking sites.

hope this makes my question more clear...

 

The issue is the "reason" that you have choosen that name. If you went for the domain name "gogle" because it is your name then it is fine.

In reality it is next to impossible to actually find someones motivation and so factors like what the site does is also considered for the courts to determin what they believe the motiviation was.... things like if it is registered before or after the trademark holder, how long the "company" was trading offline under the name, what the company does, what the site/ logo looks like etc are all taken into consideration.

If the courts deem that you are using the name with the intention of generating traffic by confusing customers or by customers mistake then you have infringed the interlectual property rights of the other company.