I want to purchase a domain name that is very similar to a site that is already setup but doesn't appear to be active. Example live site: SendedYourFile.com Domain I want: SendYourFile.com The live site has listings in a variety of different categories when I only want to focus on one category that this site does have available. Since their site is already setup could they do anything legally if I setup a site with SendYourFile.com
Happens every single day.. If they have trademarked that exact phrase they might be able to go after you.. But then they would need money to sue you, time to sue you, and since the list looks abandoned I doubt they have either..
You do not need to register a trademark to have rights. Trademarks do not need to be exact to be infringement. First to use in a particular classification establishes rights. Not all names can be trademarked. The answer is.... it's possible the other site could have a case for suing you for infringement. Without knowing the exact domain, it's impossible even to give an opinion. An IP attorney could do some research and give you a pretty good idea of the risks. Trademark issues are often grey areas, rather than absolutes.
Thanks for the input. I will just say that it's going to be a for sale by owner site and I know that there are dozens upon dozens of for sale by owner sites out there. Some the domain names I searched out there are so similar and they provide the exact same service. In this case is it just that either party doesn't want to pursue anything against one another?
mjewel gave a good summary. Bottom line, it is sometimes easy to tell when there IS infringement, particularly where the trademark has been registered with the USPTO, but it is almost always hard to say that a use will NOT infringe on an existing mark because the boundaries of common law rights are almost always fuzzy. To get any useful answer, you need to talk to an IP attorney. He or she will look not only at the two marks but also at how the marks are actually used.
You can't place a trademark on each domain name. I think its fine if you register it. No legal problems should appear.
It depends, but it's definitely possible to secure a trademark for a domain: As mjewel said, it's impossible to give an opinion, especially if legal problems might occur or not.