Potential branding conflict, need advice!

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Hello,

I am pursuing my first private label product selling hand made hammocks from a hill tribe in northern Thailand. I have purchased the domain, trunkhammocks.com (elephant-animal of Thailand, trunk-strong, and looks like a hammock). I have a nice design and am really excited about the branding opportunity with the product!

However, I have recently discovered a potential competitor, a well established company selling "travel accessories", with their flagship product being a hammock...it will resemble strongly one of the items Ill be selling as well. The company name is Grandtrunk,com. They have great reviews and seem well established in the industry. I will have a line of products that is different overall (only hammocks), with a completely different mission (my company is a social enterprise giving 5% back to the hill tribe). I feel there isnt a conflict, but I dont want to open myself up for trouble down the road.

Im not sure what questions to ask, or where to go to outside of the US Trademark registry website, for which is no guarantee (according to them) that its not already owned.

I will call my individual products something different, but I will brand using a similar name (Trunk Hammocks v. Grant Trunk)

Can anyone shed some light on this?

Thanks in advance, ALL!
#advice #branding #conflict #potential
  • Profile picture of the author Kay King
    As you are just at the beginning stage, I would advise changing the brand name you will use. The trademark question is a big part of why I would do this - but it's more than that.

    You want a brand unique to your products - and if you are "same as" you not only might have a legal issue but you may have a confusing brand identity. Why would you start a company where you know there may be an issue? You could work for a year building up a business only to have to give it up. You could lose word of mouth customers to the other similar named business.

    The word "trunk" applied to hammocks is not a natural association for most people. I doubt you could defend your use of 'trunk' to sell hammocks when there is a well known site with 'trunk' in the domain - selling hammocks.

    I'd say if you decide to proceed with this brand name - you need to consult an attorney to get legal advice. Forums are opinions.
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    • Profile picture of the author bcarrawa
      Thank you for the reply, and do share the same thoughts at heart. I think I need to remove the initial attachment I've had to this brand idea and seek alternatives.

      Your input is much appreciated!
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      • Profile picture of the author Kay King
        I need to remove the initial attachment I've had to this brand idea and seek alternatives.
        I give you credit for understanding there is an emotional attachment. It's common to become "invested" mentally in some idea or name we've created.

        Sometimes we have to change our minds and find another name - could be you'll come up with a better name that provides a unique one-of-a-kind brand.
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  • Profile picture of the author Lipipaliwal
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    Well, according to me, if you think that whatever you are doing business, is highly competitive, then you need to think about the better and smarter strategies, so that you can easily get a better growth in your business. I won't suggest you to change domain name, because you are a business man, and think about how to tackle the situation.
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    • Profile picture of the author Kay King
      I won't suggest you to change domain name,
      Really? WHY do you say that? If your advice is to take an unnecessary RISK - you should explain why you believe that is acceptable for a business.

      Why do I think you are posting for sig - rather than to advise?
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      Please do not 'release balloons' for celebrations. The balloons and trailing ribbons entangle birds and kill wildlife and livestock that think the balloons are food.
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  • Profile picture of the author kjamesnv
    A few bits of advice.

    This forum is NOT the place to seek legal advice. You are STRONGLY encouraged to seek solid legal advice from an IP lawyer. Trademarks are a tricky area to navigate and if you make mistakes they can be very costly.

    Considering that the domain names are very similar and the products are similar there is a decent likelihood that consumers might be confused. A lawyer probably will advise you to use a different domain name.

    Also since this forum is indexed by google you probably just alerted your competitor about your plans.
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  • Profile picture of the author SaanviRao
    Banned
    I think, you need to change your domain name, because if you don't do it, then there will a big confusion arise and your competitor will make better profit than you.
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    • Profile picture of the author Skipper
      My advice would be the same as the other's: Find another name and move on.

      But for a different reason, and this is just a simple business advice: If you see a potential problem, and don't avoid it from the start, you're calling for trouble. Unless you have deep pockets and smart lawyers, that is.
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