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Trademark issue
similar domain to mine - Is that a problem?
surfnfind




msg:4460889
 9:42 am on Jun 3, 2012 (gmt 0)

Hello.....

Sorry for the long question, but help is really appreciated.
I have been planning for a while on this website name which is a good keyword and at the same time trendy for online store. i tried to get the domain for that name and found that its taken by another big name in the same industry, but totally different brands and style, which i truly did not ever hear about. Never the less i thought am lucky since the keywords of that name is extra high because of this brand. so i add a third word, and actually i thought it even sounded better with this new word. example: lets imagine the brand website is bestspot.net, mine would be something like bestspotspot.net. i have already purchased the .net .org and .co.uk, i already did a lot of work and spent mony...but i just stumbled on an article that talks about trademarks, but i dont understand this would include problem for my situation or not?
Do i have a problem?
Please help
Thank you

 

Leosghost




msg:4460895
 10:41 am on Jun 3, 2012 (gmt 0)

If they ( the owners of bestspot ) have registered their name as a "trademark"..ie;"bestspot" ..your might be able ( because registrars never check for "trademark infringement" when selling you names ) to register bestspotspot.net / co.uk etc ..

But they ( the owners of bestspot ) can force you to give it to them..especially if you are in the same industry..

surfnfind




msg:4463375
 4:24 pm on Jun 9, 2012 (gmt 0)

If the industry is totally different, would they still be able to take it? I don't understand, the meaning of the two is very diff, the ie of "bestspot" means, this spot is the BESTSPOT, while "bestspotspot" means to locate a BESTSPOT. They can claim that they are bestspot but they cant force it that they are the only one. If the case was as ie "versace" and then "versacesshop" would more like be a trademark infringement? Do you agree?

Leosghost




msg:4463385
 5:15 pm on Jun 9, 2012 (gmt 0)

you said same industry..

i tried to get the domain for that name and found that its taken by another big name in the same industry, but totally different brands and style,

That is what I answered..

Now yo say
If the industry is totally different, would they still be able to take it?

is not the same thing

And despite your saying..
which i truly did not ever hear about.

and
i have already purchased the .net .org and .co.uk, i already did a lot of work and spent mony

your not knowing something band not researching before spending your money is not anyone's fault but your own ..it will cut no ice with their lawyers or with a judge.
you said
They can claim that they are bestspot but they cant force it that they are the only one.

Depending on what they may have registered ..and for what categories of goods and services etc ..they amy well be able to "force it"
If the case was as ie "versace" and then "versacesshop" would more like be a trademark infringement? Do you agree?

That has zilch ( nothing ) to do with what you are asking..

Go see a trademark lawyer..we don't offer legal advice here ..that said..I think your business model is going to get you into possibly expensive trouble..if I were you, I'd think of another one, and write off what you have spent on a few domain names ..

surfnfind




msg:4466145
 4:16 am on Jun 16, 2012 (gmt 0)

Yes Leosghost i did say first same industry,,,,but when you said " can force you to give it to them..especially if you are in the same industry" i asked what about if the industry changed to somthing totally diff (i am not trying to say the same thing)...and by the way i did research before i bought the domains and only found that if you copy a trademark with exact words and design then its infringement...but i only stumbled on this case later... the domain keywords are very high and can work for any industry, putting away these domains lights a burn inside the stomach..but anyways THANK YOU for the advice..i already did put the domain away and i already have started on a new one few days ago...

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