Hi, My girlfriend has started a new forum www.TheYummyFood.com It was me who suggested her to get that domain, since it would be a Recipe Forum. But we never knew that there was an another site www.yummyfood.net ! Unfortunately it is also a recipe site. Now I just wanted to know if there is any potential threat with regard to the domain and the concept associated with it being quite similar. Regards
Check if "yummyfood" is trademarked in any form. If it is then you have a problem and should turn over the domain to trademark owners. If the domain isn't trademarked you are fine and can do whatever you like with the domain.
http://www.yummyfood.net/docs-cc.html That is all they say about Copyright on their site. So I am very unsure about the TM.
It is a common mistake to think that one must register a trademark to have trademark rights. In the US, there is are common law trademarks will means rights can be established by the first person to use the term in a particular matter. There is a registered trademark on "Yummy Food" by another company that does not appear to be associated with the site you mentioned. The trademark is for "Restaurant and restaurant services." There is almost always a potential for a TM claim with most domains. Having said that, the people who are the most aggressive about protecting their mark usually register it. Without paying for a trademark search (a few hundred dollars), I would think your use of the domain won't likely have any problems... Of course, it is always best to consult an intellectual property rights attorney.