The Store's domain----> http://bit.ly/sf7RMG (not the name of their store) My domain-------> (the name of their store).com I don't want this thread to come up if someone searches this domain name through a search engine so I used bit.ly to hide it. Anyway, I bought a domain form GoDaddy Auctions because I liked the keywords in it and used it for a health blog. Later I found a store on the internet which matches the name of my domain. Is this a legal issue or can I use it as I wish? thanks, Perry
No responses yet. I'm guessing it might be a grey area then. If anyone would rather just give me his or her opinion through a pm, that would be fine too. It's kind of important.
There is always a risk of being sued for infringement. I think your claim would be that the domain is being used in a descriptive manner - whether or not it would be successful is unknown. If you are only going to use the domain as a blog and not sell products, then I would say you are less likely to have problems. It's very expensive to sue someone for infringement and in most cases, a smaller company will ask for the domain before starting any kind of litigation. If you are planning on creating a large site that is going to sell products, I would certainly see an IP attorney that would perform a TM search and give you advice specific to the domain. Do not offer to sell the domain to them.
Okay. I never expected that a $5 domain from a godaddy auction would have the same name as an existing company. I just wonder why they didn't try acquire the domain that I have. I did notice on their facebook page they do have the actual name written out. Maybe they don't know that they could get it.
Honestly, I would go ahead and contact the company and get it in writing. It will save you any headaches and concerns down the road. Who knows, they might even offer you some type of buyout on the domain before you even begin. If you only need a keyword type of domain then you can almost always find another one that fits into your plans.
I second contacting the company. Worse case is that they will force you to give them the domain, but it will save you legal troubles down the road (and most likely money as well) I've heard of companies giving buyout prices for the domain, as Sabrina has stated above.
Okay, I guess I'll contact them soon saying that I didn't realize such a store existed when I bought the domain. I'll ask them if it's okay I continue to use the domain or if they want it. BEFORE I do that though... Is there a way I can check if the name they're using is a registered trademark (not just a sign outside)? I've heard of a store in my area having to change its name because a store states away already registered the name. Even on the internet, I'll often buy something from different online stores and the paypal receipts will come up with different names. I'm not going to give them this domain name if it's just a name they put on their sign. I also checked the whois and noticed the domain the store is using is registered by an internet based company who focuses on health companies. I guess that explains why the organic store doesn't use their own store name, they don't know anything about the internet.
I am using their name in my domain, but I'm not sure they own the name or logo themselves. Do you know how I could find out?
Trademarks do not need to be registered. The first person to use it in commerce, and continue to use it, establishes rights for a particular type of usage (classification) - providing there mark is eligible for TM protection. A trademark holder usually does not have exclusive rights to a mark (coined and famous marks can have broader protection). While this user has certainly met the requirement of prior usage in commerce, their rights to the domain would depend on a number of factors, including being able to show they were the first to use (not just before you) and whether or not your usage infringed upon their usage rights. A good trademark search will run several hundred dollars.
I'll contact the business about the domain I own. If they say they want the domain, I'll glady it to them for free (no choice anyway), but I thought about asking them if they could carry the product I'm selling. They would get the domain for nothing and could make money selling a new product too. I'll see what happens. Last question... If you someone has a domain that is one letter short of a business name, is that also a copyright issue? Like if the business was called "Great Computers" and you had the domain greatcomputer.com. If it is a copyright issue, I guess I'll also have to give the health food store the other domain I own as well (without the S).
no, i think it is not a problem.,coz it is free to buy a domian on godaddy if no one use it before, even though they are same but different using should be okay.
Well this is getting confusing now. haha. Since I haven't had it that long it's not the end of the world for me to use a different domain name. Maybe I can just "offer" them the domain name for free if they sell the product I'm also selling. I'd get a commission.
I found a picture of the store on the internet. I called the shop and the guy answered Nat... Hea.... I then asked them if the name of their store was N... H... O... F...'s or just N... H.... The guy replied "Nat... Hea..." I'm not sure if it makes a difference, but maybe it does. I'll contact them tomorrow after I write what I want to say by email.
Contacting them seems like a bad course of action. I am not really sure what you think will be gained from that. They have, at the very least, a common law trademark on the full name since they have been using it in commerce. The terms are fairly generic, but you could not run a online store, like theirs, under that same name. Potentially, you could find ways to use that domain that did not infringe, but why? You say yourself that "I haven't had it that long it's not the end of the world for me to use a different domain name" so just do that. If for some reason you think you really want to keep using that domain name, then you can make that decision, but contacting them seems to ensure that never happens. No business in their right mind would ever let someone use their exact domain name. Period. There is simply zero upside for them to do so. On the other hand, by approaching them you are acknowledging the obvious potential for confusion, and buy contemplating making an "offer" to them yourself basically establishing some of the elements of cyber squatting. Nothing short of a signed agreement by a corporate officer with the authority to make such agreement would ever give you any right to use the name. It doesn't matter how they answer the phone, or even what some employee might reply in an email. Again, based on your statement that you could use a different domain name - I would strongly suggest that is your best course of action.
I AM planning on using a different domain name. I shouldn't have used the word offer in my last post. I WON'T ask them for money. I'll be telling them to take it for free, but I need their registrar info. It's currently registered in my name so I might as well get rid of it so I don't have to deal with it anymore. After they have it, I'll ask them if they could carry the product I'm selling (so I can get a commission too). They saved legal fees by not taking me to court, I approached them, and all they have to say is no.
What JPC-Sabrina said is the best thing to do. You can just email them that you have a domain similar to their store's name. If they have any issues, then don't use the domain, buy another one.
Well good news. They didn't return my email so I decided to call them. The lady apologized for not returning my email and said that they've had their current domain for some time now and don't want to do any switching. lol. I then asked her if I could continue to use the domain for my blog. She said that was fine. I doubt they know much about domains and websites, but that's fine with me. I'll just use the domain for now. If they ever contact me and change their mind later, then they can have it.