I will use a different example with the same impact. Example: Say there is a high rate internet site using common internet words: College Text Book collegetextbook.com I start a business site with a similar name: College Text Books Used college-textbooksused.com Will there be any possible legal challenge for my business name?
Depends upon whether the name is trademarked or not. My initial thoughts are you would probably be OK but it isn't an easy domain to remember and might be of little value to you.
Common words can be trademarks i.e. "Apple" and there is no registration required for a trademark. A descriptive mark generally is not able to be trademarked unless it has acquired a secondary meaning. You need to find an IP attorney who handles trademarks, and specifically domains. There is ALWAYS a possibility of a lawsuit.
That is a super point. However, I do not think that Apple could sue Snapple or Appleby's restaurant. So since I am not selling a physical product, I am thing that adding an "s" and an additional word to the domain would hopefully not bring out a swarm of bees. In addition. since it is an available .com, the ability to snatch up domains with the least bit similar name was always there. Plus you are certainly right, in today's world there is always a possibility of a lawsuit. You have proven that you think a lot deeper that the internet attorney. Thanks. I was hoping someone had a similar situation, but maybe they did and are behind bars.
Usage (classification) is often the deciding factor in trademark infringement cases. Snapple would surely lose a trademark lawsuit if they used their name in the same classification of Apple Corp. Trademarks are granted by class, so if the usage isn't similar, it isn't likely infringement. The exceptions would include famous marks and coined terms which can have much broader protection. Without knowing the name in question, it would be impossible to even guess - but adding an "s" or words to a mark is not going to get around an infringement claim. There are millions of domains that are available to be registered that would be trademark infringement. I would not give any weight to the fact that the .com had never been registered. If you want to do it right, pay for a trademark search. The cost is cheap compared to any legal costs you will incur in the even a mark holder decides to sue you.
Several cereal companies use "Corn Flakes" without trademark issues coming into it even though it is Kellogg's that has the most brand recognition for this. Why not try something like "usedcollegebooks" or something more easy to remember like that? I think that could be just as good as trying to match or include as many keywords as you can.
This is important. In the specific example you gave, it would be virtually impossible for anyone to acquire trademark rights in "college textbooks" if that is what they are selling. Just as a maker of apple juice could not obtain a trademark on the word "apple," a user of a mark that is descriptive of the products or services normally cannot acquire trademark rights. This is always the best advice, but if the real facts are as black-and-white as the example you gave, there is probably little risk. The problem is, there may be subtle differences in the real facts that an experienced attorney may see pose a real risk to you. You'll never know unless you talk to a lawyer who understands trademark law, particularly as it applies to domains.
Thank You. I have received some excellent advice, especially the last one. As I am using a derivative of super common words for what I am offering, the worst I could see is a cease and desist order. Now let me give a few of you a payback. Go to Google and type in: help internet attorney 16 million results. As of this posting, look at the #8 position, and there you are --- famous, plus your links. So, when you make a post, use a string of not overly used search terms. Then reap from the benefits of Google and DP. I tried 3 different posts this week, they are in #2, #3, and #6 spots. Enjoy your temporary fame, and thanks for the help.
Well, College Textbooks is to broad and is an exact item. The Apple example isn't a good one, as it's the name of a brand. Where as "College Textbooks" represents the items that are being sold. Since you didn't give the name we really couldn't help you, just tell us the exact name for better help.