Help - someone has same domain/company name questi


#1

I recently started a new business online and have a few questioins after finding some interesting stuff upon further research.

  1. my website is ****.com and the other person’s site is ****.co.uk . I dont want my business goin to him seeing as how both our sites sell the same type of items.

  2. my company with a totally different name owns the .com site.

  3. if i trademark the name of the site or copyright it, does that help eventhough the other guys is located in the uk?

  4. do i need to contact this person in any way?

  5. when doing a browser search - both our sites come up with the different extensions.

any help is greatly appreciated
sincerely,
pat1l


#2

This is actually pretty complicated and I feel obligated to say that this is really something where if you believe it’s very important to you or if this will have a big financial impact for you, you should get competent legal advice (that is, don’t take anything we post here as fact).

That said, there are a couple of considerations for you:

  1. Business names are not considered global - my understanding is that you have to register them in each country that you do business.
  2. Registering a domain name is not the same as registering the name of your business. Here is a pretty straightforward article on trademarking your business name. You could also do a Google search on the terms “trademark business name” and find a boatload of free advice.

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#3
  1. Is there a reason you would prefer we not see the sites in question? I ask because you ask about the possible impact/effect of trademark on the situation, and if you are talking about U.S. trademark law, the potential for confusion by consumers, dilution, and unfair benefit are issues that could come to bear - depending upon whether the two sites are are selling to the same market, similar/same product(s), and other such stuff.

  2. The company names are most likely not the relevant issue here, though per item 1 above, they could be - again - what are the respective company names?

  3. That’s a good question for a trademark attorney, and IANAL. There are jurisdictional and geographical issues involved that likely require the attention of an attorney with expertise in this area. Given that the other site already exists (does it’s publishing pre-date yours?), you may not even be able to trademark the name of the site) and while you can copyright your site, you can’t “copyright” the “name” alone - that’s not what copyright is for or how it works (again, IANAL).

  4. That’s up to you. What do want to accomplish by contacting them?

  5. That’s nice - at least you are both indexed by the search engine. :wink:

I guess what I don’t understand is whether or not you feel the other site is is some way infringing upon your rights, and if so, in what way?

–rlparker


#4

thank you for your responses

the other site is www.theebookhut.co.uk

the reason i didn’t put the actual names up was because mine is not up yet and felt it wouldn’t help by anyone seeing a “test” page.

I just want to make sure i dont get sued or that dreamhost shuts down my site over these details

I greatly appreciate your input and look forward to anything else you can offer.

sincerely,

pat1l


#5

I understand. Of course, if you can figure out for sure how to guranatee you don’t get sued in this day and age, you don’t need a website at all become filthy rich…the world will beat a path to your door! :slight_smile:

As lensman points out, these are complicated issues and, if you are going to “compete” with this site and your domain name is essentially the same, I strongly recommend you consult with an attorney over these issues.

It is always better to be safe than sorry, particularly if you have, or plan to have, a significant investment in the development of your site or have significant assets. :wink:

–rlparker


#6

If there’s any legal conflict, you’re likely to be on the losing end of it since the other guy was first. However, the existence of two sites with the same name under different TLDs isn’t an inherent conflict, since they may be in different countries (as in your case) or have completely different purposes that don’t conflict. If you wind up in direct competition (as could happen with two Internet sites that sell books, if you both take international customers) there could be a conflict.

– Dan


#7

Well so that there wouldn’t be any issues, I just got another domain name and re-did everything. I finally got the site up and running. Hopefully this will work. It is my first step towards passive income. Thank you for all your help.
The site is www.abundantebooks.com if anyone would like to critique it.

Sincerely,

Pat1l