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Potential Problem with domain name choice?

by FreeMeal
10 replies
Hi

I recently bought a domain name with plans to put a blog together. Just discovered there is a product/brand in the niche I've chosen with a very similar name.

for example (and this is not the actual real details btw);

I get the domain FakeTanGoddess .com

but later I notice there is a company who produce Fake Tan, and they are called Goddess.

Could that sort of scenario become a problem? Some sort of trademark issue?

bit confused with this one. I've already spent quite a bit of time and money putting this blog together.
#choice #domain #potential #problem #trademark
  • Profile picture of the author zamzung
    You should check if there is registered trademark with their name or the name of their product...
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  • Profile picture of the author FreeMeal
    How do I check that?

    on closer inspection (and continuing with the original example), they have GoddessFakeTan .com and trade under that name GoddessTan Ltd. Not sure if that changes anything.
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    • Profile picture of the author Alexa Smith
      Banned
      You need legal advice, and this forum isn't a suitable place to get that.

      I'm not a lawyer, but for myself, I would drop any plane to use this domain-name for any purposes directly or indirectly involving monetization, without the written permission of the company you're talking about.

      I'd also ignore completely any advice from well-meaning people telling me that "it'll probably be alright" and that "lots of people do worse than that" and that "the worst than can happen is that you'll have to give up the domain" because even though I'm not a lawyer, I know better than that.

      If Brian Kindsvater and/or Bob Silber happens to post in the thread, I'd probably read their posts and ignore everyone else's. (They're lawyers).
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      • Profile picture of the author magnates
        Originally Posted by Alexa Smith View Post

        You need legal advice, and this forum isn't a suitable place to get that.

        I'm not a lawyer, but for myself, I would drop any plane to use this domain-name for any purposes directly or indirectly involving monetization, without the written permission of the company you're talking about.

        I'd also ignore completely any advice from well-meaning people telling me that "it'll probably be alright" and that "lots of people do worse than that" and that "the worst than can happen is that you'll have to give up the domain" because even though I'm not a lawyer, I know better than that.

        If Brian Kindsvater and/or Bob Silber happens to post in the thread, I'd probably read their posts and ignore everyone else's. (They're lawyers).

        Alexa is right on this one . you need a real experience lawyer to give the best advice on this one . no one here can really help unless they are lawyers by profession . You don't want to end up paying for free unqualified information just because it is free . Seek professional advice
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    • Profile picture of the author sbucciarel
      Banned
      Originally Posted by FreeMeal View Post

      How do I check that?

      on closer inspection (and continuing with the original example), they have GoddessFakeTan .com and trade under that name GoddessTan Ltd. Not sure if that changes anything.
      You can use Trademark Electronic Search System (TESS) to check US Trademarks. They haven't registered Goddess Tan or Fake Tan. There are numerous variations with Goddess in them. You should probably ask an attorney what they think, since only a lawyer can give you legal advice.
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      • Profile picture of the author davezan
        Originally Posted by sbucciarel View Post

        You can use Trademark Electronic Search System (TESS) to check US Trademarks. They haven't registered Goddess Tan or Fake Tan. There are numerous variations with Goddess in them. You should probably ask an attorney what they think, since only a lawyer can give you legal advice.
        Actually, it might be better to do a Google search instead like "word trademark".
        USPTO only lists registered trademarks and pending applications, and not those
        of common law ones or from outside the U.S.

        (Of course, Google is not the all authoritative, comprehensive trademark search
        engine either. If anything, it can just give some ideas if they're listed online.)

        While I also suggest talking to a lawyer, OP, two things they've taught me about
        this is that what you're asking will depend on strength of trademark (if any) and
        consumer behavior. If you register, say, softmicro dot tld to sell software, that'll
        likely create issues with Microsoft.
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        David

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  • Profile picture of the author Mike Anderson
    Banned
    Yes don't seek legal advice on a forum. Check with your lawyer or else you could lose some money.
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  • Profile picture of the author FreeMeal
    Before paying out for a lawyer, is it worth just approaching the company in question and explaining the situation to them? Or is that totally naive of me, will I just end up with a flat refusal?

    Has anyone ever tried that before?
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    • Profile picture of the author Rich Struck
      Originally Posted by FreeMeal View Post

      Before paying out for a lawyer, is it worth just approaching the company in question and explaining the situation to them? Or is that totally naive of me, will I just end up with a flat refusal?

      Has anyone ever tried that before?
      I've done this many, many times and except for Ferrari, every company I've approached has been okay with it. (The legal department at Ferrari North America is completely unwilling to negotiate anything.) But other companies aren't so bad and they appreciate it when you approach them before there is a problem. Your mileage may vary.
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