There is a two word name I was considering naming my business. For the sake of this thread, let's call it MyName, because I have not purchased the domain name in question yet. MyName.com is available. However, there is a company called MyNames (a plural of the name I was going to use) which is based in Brazil and they have registered MyNames.com. I am based in the United States. My question is: can I name my company MyName and use the domain name MyName.com without the risk of getting sued?
Yep, risk or no risk. Life's full of risks, you know. Even if you're using the term differently from the party in question, nothing is going to stop them from trying to sue you or what not if they have pockets deep enough to enforce their beliefs. Trademark infringement is an inherent reality of domain names.
If u develop a completely unique site from theirs, I dont believe they can sue, but if u just park the domain they can retain it because ur giving them bad name (at least thats what ive heard so correct me if im wrong )
Hundreds of companies in the U.S. alone, have the same name. There are only so many names to go around. A friend of mine has a Heating and Cooling Business. His last name is "Johnson". Do you think he is the only "Johnson Heating and Cooling" in the country?
I feel like the Internet is a little bit different, because on the Internet, one technology company can easily compete with another. The two businesses are a little bit different, but both are tech companies. The Brazilian one deals with IT and software, and seems to be oriented towards small, medium, and large businesses. My business provides specific web services, and is oriented towards personal use and small businesses. Do you think if I made a company called Google Software that I wouldn't get sued by Google? Heating and cooling business are almost always restricted to a small geographic location. A Johnson Heating and Cooling in Dallas, TX, really has no reason to care about a Johnson Heating and Cooling in Chicago, IL. My business, on the other hand, wouldn't mind getting customers from Brazil, and Brazilian company probably would take US customers (they have an English version of their site.) This is what I was wondering. What about the trademark cases Google and Gmail has been involved with in Germany and the UK?
Big companies like Google who have huge pockets and a worldwide brand often do this. Smaller companies usually don't have the resources or the will power to do this. A company in Brazil likely won't have the resources to come to the United States and fight a trademark battle. And that is even if Brazil trademarks are valid in the U.S. (they may very well be) and if they even find out about your business.
Needless to say, there are possibly too many ifs to consider. The important thing is to know who you're dealing with and what you're getting yourself into potentially. Then of course, you weigh the risks and rewards.