I am planning to start a website and i need to register a domain. I found a domain but it is very close to what an existing company. I will use mywebsite.com as an example of their website. I would want my website to be called my-website.com. I'm not going to copy any content from their site but we will be selling similar problems. what should I be worried about, should I take any recomended steps before registering the domain. mywebsite was only used as an example and is not the actual domain.
Just go for it, if your not copyrighting any of their material or impersonating them then know-body can do anything.
Nope, you are just fine. I agree with with fletd09 has said. Additionally, I should tell you that not too long ago there was a legal case by General Motors. They were upset because someone purchased the domain F***-GeneralMotors.com. Court was in session, complaints fired left and right, but in the end GeneralMotors lost. There's no law against what type of domain you buy.
It depends on whether or not the name in question is trademarked. If it is a generic word like "red-car" then you are fine, but if you are trying something like "Micro-Soft", which is trademarked, you will be sued. There are some cases where you could use the term Microsoft, if it was clear that you were not attempting to use their trademark for any commercial gain. For example the website paypalsucks.com can stay around because the creators are not making money off of it and it is clear they are not trying to impersonate paypal. Contact a lawyer if you want to be sure though.
If they are a considerably large company, I wouldn't advice you. But if they are small fry, go ahead. But it's best to create your own identity.
You want to know if you can be sued? Sure you can. Will they win? I don't know, it depends on what the domain name actually is. Trademark law provides greater protection to certain types of names than it does to others. If you want a more specific answer, you're welcome to PM me and I can give you a better idea. Here's a thought though, if your product is good, why not go for a name that no one else is using? It protects you (so that you have a clearly trademarked name that you can protect as you grow your brand) as well as avoiding the time and trouble of a legal fight. Let me know if you have other questions. Deena Burgess, Esq. ______________________________________________________________ Any opinions are offered without knowledge of the specific law of your jurisdiction and with only the limited information provided in your post. No advice given here should be reasonably relied upon by you or any third party without consulting an attorney who is aware of all of the facts and law surrounding your situation. Any advice given here is not intended to create an attorney-client relationship in any way.
its a small company and yea their name would be more like carworld.com or something i guess. Like it is just two words put together, it is not like microsoft
The problem is that people might enter mywebsite.com instead of my-website.com because its so similar. The same argument goes for .com vs .net or .info or.. etc. People are used to putting in .com so that is the best choice to use. People aren't used to putting dashes in, so most likely they'll type in the wrong domain for your site. Its best to make up your own name. Be original.
BigIdeaGuy, I would say that with a name with words that are dictionary words that are used for the items that they sell (like car world to sell cars), you'd probably be ok. It's a "merely descriptive" mark and therefore has little. if any, trademark protection. Won't keep you from being sued, but you'd probably win the fight. That being said, are you willing to pay for a lawsuit? They're hideously expensive. I stick with my original opinion that you should just pick another name if you can find one that works for you... Let me know if you have other questions. Deena Burgess, Esq. ___________________________________________________________________________ Any opinions are offered without knowledge of the specific law of your jurisdiction and with only the limited information provided in your post. No advice given here should be reasonably relied upon by you or any third party without consulting an attorney who is aware of all of the facts and law surrounding your situation. Any advice given here is not intended to create an attorney-client relationship in any way.