Hi folks I was thinking of developing a blog on the domain name bebez.com now I know some might think this is ultra paranoid but would I be likely to have a trade mark issue with bebo.com? I personally don’t think they are similar enough for it to be a problem and one is a social networking site and mine will be a blog, so trade mark wise I didn’t think it would be a problem, from what I have read you can even have the same name as long as your not the same type of thing, but I just want to be sure before I bother to develop it. Many thanks
You can have possible trademark issues with almost any domain name. You are dealing with individuals and corporations who may or may not be aggressive with a particular mark. Anyone can sue you, whether or not they will win is another question. Even if they don't win, you can spend tens of thousands of dollars (or more) in legal fees that you aren't likely to recover. I personally think the owner of the famous mark "bebe" might have a stronger case than "bebo" (depending on your usage). If you are going to put a lot of time and effort into developing a brand, pay for a trademark search and register the mark. If you are not willing to spend a thousand or two on a mark, then you probably aren't going to want to spend a lot more in a legal battle to keep the domain down the road. Saying your usage will be a "blog" isn't nearly enough of a description to even begin to guess whether or not you will have a problem. The content of what is on your blog is much more of a determining factor. Infringement does not need to be exact - phonetic and foreign spellings can be infringement. A mark doesn't even need to have a website. Simply searching for a registered mark is not enough - which is why you should pay for a search to do it right - and even then, it isn't a guarantee.
Hi and thanks for your reply that was very helpful, I really appreciate it. I must admit I have never heard of bebe hang on I will just google them, I can find a women’s clothes site called bebe is that who you are referring to? I was thinking of doing just an article directory type blog that covers many different subjects, I am not intending on specifically targeting womens clothing in anyway so like I say I personally would think it would be an issue. I think like you say it’s the content of the website or nature of the product or service that is the issue, so as long as there isn’t a well known article directory called something similar do you think it will be ok? Thanks again
Yes, the women's retailer. It's a pretty big International operation that was started very near where I live. They have hundreds of stores.
So if I was an article directory and they are a online womens clothes shop do you think it would be a problem? Like I say from what I have read of trademark law businesses can even have the same name as long as they are in different areas, so unless they suddenly decide to change their business model from that of female clothing to that of someone like ezine articles we are not alike, but like I say I don’t want to bother developing it if it will be a problem. What do you reckon folks is it too risky? Many thanks
Ok the latest update, I have searched http://tess2.uspto.gov/ for bebez and nothing shows up. Anyway like I say from what I have read I think I should be ok as long as I don’t do anything to do with women’s clothing, or social networking, so I can just avoid those areas. Let’s face it there are many businesses and websites out there with similar names to others and on similar domains, the just aren’t enough names to go round for it not to happen, I think as long as you are in different markets you should be ok, or that’s how I interpret the law in this area, if anybody thinks otherwise please feel free to say, but for now I am fairly happy it’s safe. All the best