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Naming my website

Discussion in 'Legal Issues' started by genius, Jul 10, 2016.

  1. #1
    Hello,

    I have a quick question, I would like to start a website with hotels reservations..etc, I would like to name it booking(the-name-of-the-country), would this be a problem, given the fact that there is booking.com, as I read on the internet, booking is a word in English and it couldn't be registered, but I thought I'd asked.

    Thanks.
     
    genius, Jul 10, 2016 IP
  2. sarahk

    sarahk iTamer Staff

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    #2
    There could be a problem because of the similar use - you'd probably fine if people were booking something unrelated to tourism. I'd talk to a lawyer experienced in trademarks.
     
    sarahk, Jul 10, 2016 IP
  3. genius

    genius Well-Known Member

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    #3
    It's related to tourism, the idea is similar...a list of all available accommodation just that it will be targeted to a specific country or region.
     
    genius, Jul 10, 2016 IP
  4. sarahk

    sarahk iTamer Staff

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    #4
    That was my point and since you are you need to pay for quality advice.
     
    sarahk, Jul 10, 2016 IP
  5. billzo

    billzo Well-Known Member

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    #5
    I wouldn't worry about it. Some people have argued that nobody can ever use a word like "coupon" in a website because coupons.com has a trademark but plenty are using that word.
     
    billzo, Jul 10, 2016 IP
  6. genius

    genius Well-Known Member

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    #6
    Yeah that's true, but isn't a way to find out if they have registered "booking" as a trademark?
     
    Last edited: Jul 10, 2016
    genius, Jul 10, 2016 IP
  7. sarahk

    sarahk iTamer Staff

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    #7
    There is - it's called legwork.

    You have to find the countries that you wish to focus on and find out how their trademark system works and then make the appropriate enquiries.
    For the EU it may be one check to cover all the countries which would be good. For others it will be working your way through them one by one. Time consuming but necessary.

    In NZ I know that trademarks apply to categories.
    Therefore Cadburys have trademarked the colour purple but it only applies to food.
    I can use the same purple on my range of DIY tools and not have a problem
     
    sarahk, Jul 10, 2016 IP
  8. genius

    genius Well-Known Member

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    #8
    genius, Jul 10, 2016 IP
  9. jrbiz

    jrbiz Acclaimed Member

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    #9
    Here's the deal: you can do anything that you want to do and are willing to pay to defend in court. @sarahk is correctly steering you to seek professional legal advice because you are treading into potentially dangerous territory, in this regard. Here's how it works: you can ignore this advice and move forward with your potentially infringing url. You will go unnoticed for quite some time as you work hard to build up traffic and sales. As the months (and possibly years) progress, you will begin to build up a following, have a lot of customers and the business will begin to look very promising. That is exactly when you will show up on the booking.com radar screen and they will devote serious legal efforts to shut you down, get a lien on your total revenues, etc. In these cases, typically the company with the deepest pockets win because they can drag out the legal process until the other side folds.

    I have never understood businesspeople that want to start a questionable business, put in all that effort, etc., only to take a very real chance that it will all be taken away from them when they are finally starting to reap the rewards. Yet, I have seen it happen time and again.
     
    jrbiz, Jul 12, 2016 IP
    sarahk likes this.
  10. billzo

    billzo Well-Known Member

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    #10
    Can you provide some examples where people using generic words like "booking" (or coupons) in a website lost their URL? That's like saying nobody can ever use the word "auto" in a URL because somebody else has a trademark on it. So no "auto parts", which is absurd.
     
    billzo, Jul 12, 2016 IP
  11. jrbiz

    jrbiz Acclaimed Member

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    #11
    I started to look up some cases (not that I am a lawyer, by the way) and stumbled across this which actually seems to answer the OP's original question. Armed with this information, I would be much more comfortable moving forward with the OP's url:

    http://thetmca.com/no-room-at-the-uspto-ttab-rejects-booking-com-trademarks-as-generic/

    So, in this specific case, the USPTO has just ruled that booking.com is generic. This is why I recommended the OP to seek legal advice. Though a quick search on Google would have been a good first step.
     
    jrbiz, Jul 12, 2016 IP
  12. billzo

    billzo Well-Known Member

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    #12
    From your link:

    And that's the proper decision. It infuriates me when deep-pocketed businesses think they should be able to prevent anyone else from using generic words like booking.com tried to do. And that should never be allowed.

    Google is an original word so it makes sense there is an exclusive trademark granted on it. But for words like booking, coupons, and so forth, nobody and no business should have the right to prevent people from using those generic words.
     
    billzo, Jul 12, 2016 IP
  13. seoaceindia

    seoaceindia Banned

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    #13
    try to register with generic keyword and your own word.
     
    seoaceindia, Jul 13, 2016 IP
  14. jrbiz

    jrbiz Acclaimed Member

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    #14
     
    jrbiz, Jul 13, 2016 IP
  15. genius

    genius Well-Known Member

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    #15
    That's what I want, so it will be booking(country-name).tld

    But, I thought that I may have some problems, I could name it something like directbookingcountry.tld - but I find it too long, but of course it also has the word booking in it.
     
    genius, Jul 13, 2016 IP
  16. billzo

    billzo Well-Known Member

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    #16
    Most of the people visiting your website will be clicking on a link or coming from a bookmark and will not be typing your domain name in its entirety.
     
    billzo, Jul 13, 2016 IP
  17. billzo

    billzo Well-Known Member

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    #17
    Perhaps, but nobody can run their business nor their life that way. In the end, you have to hope common sense wins out.
     
    billzo, Jul 13, 2016 IP
  18. bxuser

    bxuser Well-Known Member

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    #18
    Source: http://www.dmlp.org/book/export/html/955
     
    bxuser, Nov 24, 2016 IP