I registered a domain name which I was going install a wiki on. I noticed that another website has the same name for an encyclopedia on it's own site, but that site itself isn't named after the name. The name on that site isn't registered or trademarked as far as I can tell, but the site has a standard © information. Would I be safe to go ahead with the wiki? An example off the top of my head (names are changed). Pebblerockpedia.com is my domain name, it's registered to me. I notice on another site they have a Pebblerockpedia (encyclopedia) about the same topic, but it's on the domain name of Pebbleton.com, and the Pebblerockpedia is just a section on that domain. I noticed that Pebblerockpedia isn't trademarked on the USPTO site, but the site in question has a © on it pertaining to images and content. Would this be a gray area? Should I find another name?
If they are using the name in a similar manner, they would have superior usage rights. Even though they might not have obtained a Federal registration, they would have common law trademark rights (assuming someone else didn't before them). Trademarks are established by first usage and along with the usage type. It sounds like if they wanted, they could enforce their mark since you stated the topic is the same, or very similar. It really is hard to give an opinion on unknown names - since common terms used in a generic manner cannot be trademarked. i.e. apple cannot be trademarked for a type of fruit, but could for a computer business.
That's about the same thing I was thinking.. it's a twist on a common name, and I would be using the same twist for basically the same function. I'll probably end up swapping domain names tomorrow, I have a runner-up domain name still.. it's not as good, but at least it's generic enough to not have issues with trademarks or anything. Thanks for your help.