Realized a problem just as I was about to purchase a domain

Discussion in 'Domain Names' started by jimjammer, May 1, 2008.

  1. #1
    (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
     
    jimjammer, May 1, 2008 IP
  2. Fka200

    Fka200 Guest

    Best Answers:
    0
    #2
    If there is no trademark and the domain you are purchasing is generic, there is no problem with it.
     
    Fka200, May 1, 2008 IP
  3. Dave Zan

    Dave Zan Well-Known Member

    Messages:
    2,320
    Likes Received:
    121
    Best Answers:
    2
    Trophy Points:
    115
    #3
    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.
     
    Dave Zan, May 1, 2008 IP