A Question About Names

Discussion in 'Legal Issues' started by viperxx, Jul 30, 2007.

  1. #1
    lets just say i wanted to start a website/company called "PeachInfo"
    but theres already a a website/company called "Peach Informers"
    PeachGreat will be very similar (content wise) to Peach Informers
    can anything happen to me?
     
    viperxx, Jul 30, 2007 IP
  2. bluegrass special

    bluegrass special Peon

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    #2
    The simple answer is yes. It is much more complicated than that, but yes.

    Some key issues:
    Is the content or the provided services similar/competitive? (You have already stated they are)
    Does the original site have a trademark?
    Was the new site using the name before, or is there any other reason the new site has reason use this name (e.g. last name of owner)?
    Is the term merely descriptive of the services provided?

    Those are some, but not all of the issues that would be looked at if the old site went after the new site. With the obviously ficticious example it is really hard to say definately either way. Chances are that yes something could happen.

    Possible consequences (depending on your location):
    loss of domain through ICANN dispute
    pants sued off by original company
    fines imposed by government

    This topic has been covered in more depth several times in this forum. I suggest the search function.
     
    bluegrass special, Jul 30, 2007 IP