(I'm not a domain investor. I purchase domains to build sites.) I was just about to finalize the purchase a domain for high $x,xxx when a few last minute checks on Google made me realize there is another domain with the exact same two words but with the word THE at the front. Example: Purchasing ExampleDomain.com when a site under the name TheExampleDomain.com already exists and has been trading for years. TheExampleDomain.com registered April 2003 ExampleDomain.com registered July 2003 (the one I intend to purchase and develop) ExampleDomain has been parked for years. TheExampleDomain has a userbase and is a fully trading site (with credit card processing, affiliate system, incorporation, etc). A US or UK trademark does not exist for either ExampleDomain or TheExampleDomain My intent is to develop the ExampleDomain.com and trade in exactly the same industry. Q: Should I skip this domain to avoid the risk of losing the domain via legal means? Or should I go ahead purchase and develop the domain? PS. The domain I intend to purchase isn't ExampleDomain.com, just using that as an example
And that's a very big if, considering this: Don't forget that a trademark doesn't require registration to exist, albeit that's for the party to demonstrate should it possibly reach dispute.