Domain name issue with existing company with same name

My domain name is one of small company name easablished years ago

[sandyk20]

I have a domain name xyzabc.com (make a note xyz = my country name and abc = general term like car, bike, internet, computer or something else).

There is a small company already running into business with this name (this company is not registered on NASDAQ or my country stock exchange) but registered as a M/S or PVT. LTD. Company. Since the domain name is very important for both of us, will I get into trouble if I am using this name?

This domain was already in existence couple of years back (not sure who was running the same), I bought it freely through one of the domain registrars.

Please throw me some more questions if I am unable to clarify this is very important before I start working upon this domain name (I am planning to make this domain into a full-fledged portal including ecommerce).

Thanks,.

[vincevincevince]

Although this thread will probably give you little more than advice to ask a lawyer, perhaps you can answer these questions for us:

Do you plan to use the domain in the same sector as the other company?

How generic is the domain name?

Does the other company use the name as a trademark?

Does the wayback machine show anything useful on how the domain was used?

[RandomDot]

Don't think you'll get in trouble with it the way you describe it as a generic version of a product as for instance :

(name of country)(name of product).com/org/net/etc

Unless the product is a trademark or otherwise suggests a specific company, (which is not yours) rather than a mainstream product. If you are in doubt - ask a lawyer - or let your competition ask one for you. Either way, you got it for now - but if you are planning to do something big with it and invest in it - Ask a lawyer, trademark it, and do whatever you can to ensure you keep it.

*edit - details

[edited by: RandomDot at 7:07 pm (utc) on Oct. 2, 2007]