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Domain/Trade Names

         

SaJ99

3:00 pm on May 25, 2008 (gmt 0)

10+ Year Member




Hello,

I would like some advice about domain names and trade names.

I have a domain name (not bought yet) that I would 'like' for my new 'dating' site, as an example “COMMONPHRASEdating.com”, but I have just found out that
"part" of the name I want is a registered as a trade name in the US as “COMMONPHRASEholidays” (totally different business sector tho) and also trade name registered as “COMMONPHRASE” (only) in the UK (also different business sector, metals or something).

I fully understand that you should not use the same/similar "Trading" name as those in the "same business sector" as yourself (whether trade name registered or not).......

So my my question is...Would I be allowed to use the "COMMONPHRASE" part of the registered trade names..as "COMMONPHRASEdating" ? because Dating is a completely different business sector to Holidays or metals, or could this "still" land me in trouble in the courts, although it is clearly a seperate business sector, they may still see this as detrimental to their business or something because it is "Dating" ?

Thanks,
SJ

jbinbpt

4:32 pm on May 25, 2008 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Hi SaJ99,
Welcome to WebmasterWorld.
You won't find actual legal advise given out here, only generalizations.

While what you want to do may be legal, how much are you willing to spend to keep it? A company with deep pockets will able to keep you away even if you are legally in the right. That you are asking the question, makes me believe that you already feel this way.

Enjoy your time here.

SaJ99

7:05 pm on May 25, 2008 (gmt 0)

10+ Year Member



Think I will go back to the drawing board and rethink a name...just in case.

Thanks