Website naming issues

Discussion in 'Legal Issues' started by William2009, Mar 24, 2010.

  1. #1
    I currentl creating a buisness that will be using a domain, but the 2 original domains i wanted are already registered. They are currently not being used as it just shows a landing/parking page.
    So the domains are different by only slightly. So if i do create a buisness, do they have any claim for me copying there domain/name etc?
    Or as there not using it, i am ok?
    Thanks
     
    William2009, Mar 24, 2010 IP
  2. mjewel

    mjewel Prominent Member

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    #2
    A domain alone has no trademark rights - it's the usage and type of usage that could acquire TM rights. So a domain that has just been parked has no rights, however, you have to have a trademark search done to check for prior usage. This is not as simple as just checking the USPTO site - and it should run a few hundred dollars. It's possible a business operates a mail order business and has no website - in that case, you could still have trademark infringement issues. Similar, misspelled, and phonetic names can also be infringement.
     
    mjewel, Mar 25, 2010 IP
  3. gcintermed

    gcintermed Member

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    #3
    Even if there is no infringement, you should think twice about using a name that is similarly close to another name that is already registered.
     
    gcintermed, Mar 26, 2010 IP
  4. kalpana.allu

    kalpana.allu Peon

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    #4
    no it was not like that.you can use that.
     
    kalpana.allu, Mar 26, 2010 IP