Back in January I purchased a used domain that was created back in 1999. I paid $1K for it as I saw its vast SEO potential. It was originally used to promote the same product I would promote with it. So if promted properly, it should avoid the dredded Google 'sandbox' and also Yahoo! search's time delay on new domains. But I just found out recently that while I own www.domainname.com someone else that owns www.domainname.net has actually licensed the business name "Domain Name" that I wanted to have licensed. My question is can I still use the domain (since I own it - and dot coms came before dot nets) and build a site and promote the site for ranking, etc? Could I still use the domain name www.domainname.com but just use a different DBA name? Would that work? Since I own my domain, is there any risk that the other site owner trys to file a frivolous lawsuit against me?
Well, first off, there is always a risk of a frivolous lawsuit - that's what makes them frivolous. Is the person with the .net promoting the same product as you are? If not, then you probably don't have anything to worry about. If so, it depends on what your competitor is like. As for your main question, I'm not sure what you mean by licensed - do you mean that that the name was registered as a trademark? as a fictitious business name? or something else?
But since you chose the domain first (even you didnt have it but existed from 1999) and .NET has been registered later Then i dont think no one can stop you just my 2 cents And i support Nonny depends what the other company is like
Registered as a DBA (Doing Business As) or fictitious name. This other "site" is only one page and just has links to other industry links (satellite TV). My domain/site would actually have content and product pages, etc. to promote the Dish Network offer. My site would be an affiliate site and this site also is an affiliate in that they do not have their own product, but rather they have links to both Dish Network and DirecTV websites. In this industry you can either just have a website (especially with Dish Network) and then be an affiliate of an "Authorized Dish Network Retailer" or of an "Authorized DirecTV Retailer" OR you can go through a somewhat arduous process of applying to become an Authorized Retailer yourself, which has its obvous benefits. Foremost, you don't have to worry about the satellite merchant you work for stealing any of your sales and you are completely your own boss. Anyhow, I wanted to apply to DISH Network to become an Authorized DISH Dealer. After filling out a pre-application on the DISH Corporate website, I got an email from a DISH Network rep and the email had NINE forms to fill out and sign. The email also requested the following information, which right now today, I do not yet have because I wanted to use my *DOMAIN NAME* as my DBA or fictitious company name and this .net version of my domain name has already taken that name as its fictitious business name. Here is the information that basically is needed in order for Dish Network to approve my application: - All businesses need to get a business license. - Sole proprietors NOT using their last name in their trade business name or, even if using their last name and also using anything such as "& associates" or "& Sons," which signifies additional owners, need to get a DBA. - If you sell online, from home, or from anywhere, any taxable items or services, or you want to buy wholesale and sell retail, or you want to sell wholesale, in all those cases you need to get a reseller's / wholesale, resale license, also called a seller's permit. - If you are hiring employees anytime within the next month, you need a state tax ID ein and a federal tax ID ein. - If you are a corporation, lLLC, or a limited partnership, you need a federal tax ID number ein. - If you are a sole proprietor and you have substantial personal assets such as a home, it is recommended that you form an LLC (Limited Liability Company) or incorporate your business. An LLC or corporation helps you save on taxes as well as protects your personal assets from civil liabilities & wrongs that arise from business transactions. I need the above if I go the "Authorized DISH Network Retailer" route. Or Dish Network won't even consider my application. Even if I just affiliate for an authorized dealer, looks like I'm still supposed to have a fictitious company name or DBA. I clearly can't use my domain name as my company name as this .net company has already laid claim to that. Soooo my question again is can I put my site live on the Internet and simply use a different DBA as my official company name. So my domain name would be domainname.com but my doing business as name would be like Something Satellite TV. There are alot of instances in my industry where several sites use the same domain name but with a different extension, as in blah-blah-satellite-tv.com or blah-blah-satellite-tv.net or blah-blah-satellite-tv.us, etc. This is fairly prevalent. Of course I can't know if any lawsuits have resulted from this.
Thanks for the clarification. Many of those items are at the state or local level (business license, fictitious business name, state tax ID, etc), so it isn't clear to me how they would apply to your case. In the brick-and-mortar world, two businesses in different states could have the same name and do the same business (assuming no trademark or other issues). You're right that you could have a different DBA and domain, and I don't see why you couldn't use your domain name if you included the .com as part of the name. What isn't clear to me is whether your competitor with an online business registered in say Florida can prevent you from registering and using the same name if you are in California (do you know where your competitor's business is registered?) since you both would be doing business nationally. I don't think that anyone but an attorney versed in both business and internet law can answer your question definitively.