by Lukas
6 replies
I want to know if I am infringing on a domain name.

I just opened an email based on google alert and a business has very close to a name that a new domain name I bought earlier this year has.

theirs is e.g. Ontariokeyword specialists
mine is Ontariokeyword experts (mine is an info and directory site)

their is a real service by lic'd professionals and staff with 8 locations.

their site has a "legal" & copyright in the footer from 2009, but no live links, just non-clickable text.


I am targeting the whole state. Their press release just came out because they opened a new office and cover 2 main cities while I cover the whole state.

I ask because a buddy of mine bought "fraitquote1" 2 years ago, & he gets a letter & phone call from an attorney that they have trademark infringement copyright for this name and he has to "give" the site to them "fraitquote" [dot] com. All legit

I don't want to develop the site, backlink it, only to see it turned over to them. I see them getting very mad if it is outranking their site.

Am I in the wrong here?

Should I just give them a free listing?

Now, if it is not trademarked, but later it is will I have to cease and desist?

i did a search here and all seems OK.
Code:
http://www.uspto.gov/trademarks/index.jsp
#domain #laws
  • Profile picture of the author Shane_C
    Unless they have a trademark on Ontariokeyword or Ontariokeywords or something, I don't see how they can get you...? Am I wrong guys?
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  • Profile picture of the author sbucciarel
    Banned
    If they haven't trademarked it, there's no conflict. Also, you may have registered before they were even a business.
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  • Profile picture of the author christopher jon
    From the information you've given, it sounds like you are fine.

    If they are Ontario SEO Experts and you are Ontario SEO Specialist, I don't see the issue. They are the experts and you are the specialist, somebody else can be the Ontario SEO Master and I want to be the Ontario SEO Monkey.

    Do a search for American Plumbing or ABC Plumbing, there must be thousands of businesses in the US all using the same business name.

    The only issues I've read about when it comes to this type of stuff is having to do with two businesses in the same city using nearly identical names. So if I am the Ontario SEO Monkey, you can't come along and also claim the be the Ontario SEO Monkey.

    As with all things of this nature, check with a real laywer, I only play one on TV.
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    • Profile picture of the author kindsvater
      Is this Ontario, California or Ontario, Canada?

      Doing a United States trademark search is almost meaningless if we are talking Canadian.
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    • Profile picture of the author Lukas
      Originally Posted by christopher jon View Post

      From the information you've given, it sounds like you are fine.

      If they are Ontario SEO Experts and you are Ontario SEO Specialist, I don't see the issue. They are the experts and you are the specialist, somebody else can be the Ontario SEO Master and I want to be the Ontario SEO Monkey.

      The only issues I've read about when it comes to this type of stuff is having to do with two businesses in the same city using nearly identical names. So if I am the Ontario SEO Monkey, you can't come along and also claim the be the Ontario SEO Monkey.
      .
      Yes, these sites will be competing in the same cities for business (mine the whole state; think backpage but in a niche). From what I researched they have not registered it as a copyright or tradmark. And I've had the domain registered for about 7 months, it is to go live in a week or so.
      just trying to emulate somewhat what a guy did selling his assets(websites) for millions.

      So, yeah they could be Wyoming seo monkey and I am Wyoming seo gorilla and they operate in Cheyenne while I do it for lead gen / adsense. ( an example again)

      and it is actually a USA state not Canada, I just used it as an example cuz people here are very smart and sleuthy (is that a word, well now it is ;-). And it is in the health niche.
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  • Profile picture of the author warriorkay
    I know people who go ahead to register the so-called trademarked domains that get lots of searches but low competition, they just slap one page on it to get the best from the traffic... waiting for the day to hand it over when the attorneys come knocking. Not a good business model, I'd say, but who am I to question it when it works for them, Kingsley
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