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Legal question about domain name

by Congrats
10 replies
Apparently I have registered a TM name without me knowing it.

For example the name i registered is www.bltree.com (just an example) but it's not the exact name I'm using on my site, it's only a shortened version of my site's name. The words I'll be using would be.. Big Lame Tree..

Would it be ok to still use that domain name? Or otherwise would it be legally ok to use the name with a space in between them? like www.BL-Tree.com?

I hope someone can clarify this.

Thanks!

Victor
#domain #legal #question
  • Profile picture of the author CrisisCore08
    I'm not a lawyer nor an expert. As far as I know using the "-" dosn't help, websites like i-phone.com were taken down by Apple. Although I can say that as long as you are not in the same niche as the other website your fine but if you are and you are selling an a competing product I don't think that you can use this domian name, although I might be wrong!
    Hope it helps.
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  • Profile picture of the author TeamBringIt
    Originally Posted by Congrats View Post

    Apparently I have registered a TM name without me knowing it.

    For example the name i registered is www.bltree.com (just an example) but it's not the exact name I'm using on my site, it's only a shortened version of my site's name. The words I'll be using would be.. Big Lame Tree..

    Would it be ok to still use that domain name? Or otherwise would it be legally ok to use the name with a space in between them? like www.BL-Tree.com?

    I hope someone can clarify this.

    Thanks!

    Victor
    Using spaces doesn't make much of a difference IMO. Avoid names that have trademarks.
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  • Profile picture of the author Cobaki
    You should probably consult a lawyer regarding this; however, as far as I know, if you have a different niche and a different promotion, you can use that name. As long as you don't confuse customers or clients or you don't appear to be associated with the other company, then it's probably okay. In addition, using special characters does not help.
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  • Profile picture of the author Gene Pimentel
    A trademark only applies to the specific industry it is known for. If you are using the name for something completely unrelated to the industry the trademark is known for, you are generally safe, but there are exceptions. You'll need to consult with an attorney to be certain.
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  • Profile picture of the author davezan
    Originally Posted by Congrats View Post

    For example the name i registered is www.bltree.com (just an example) but it's not the exact name I'm using on my site, it's only a shortened version of my site's name. The words I'll be using would be.. Big Lame Tree..

    Would it be ok to still use that domain name? Or otherwise would it be legally ok to use the name with a space in between them? like www.BL-Tree.com?
    Aside from the full words, is the other party using the same "character set" - the
    letters and word - to promote themselves as the source of that good or service?
    I ask because that's essentially how a trademark exists even if not registered.

    Even if it is a trademark, though, is it "famous enough" to potentially confuse the
    domain name with that mark? As stated, that is something only an attorney can
    probably answer.
    Signature

    David

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  • Profile picture of the author jay walters
    Unless you want to work something out with the original name owners, I would ditch it.
    Not a lawyer, but looking from the outside in - it appears that it has the potential to get
    complicated, especially if you're making revenue from the site.

    Great idea... maybe you can brainstorm another, better and badder USP for what you
    intend to do.

    I had my bouts in the past with domains names and decided it wasn't worth the energy
    nor the hassle.

    You can always create something new! You're an entrepreneur!
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  • Profile picture of the author sbucciarel
    Banned
    Originally Posted by Congrats View Post

    Apparently I have registered a TM name without me knowing it.

    For example the name i registered is www.bltree.com (just an example) but it's not the exact name I'm using on my site, it's only a shortened version of my site's name. The words I'll be using would be.. Big Lame Tree..

    Would it be ok to still use that domain name? Or otherwise would it be legally ok to use the name with a space in between them? like www.BL-Tree.com?

    I hope someone can clarify this.

    Thanks! Victor
    If the domain name you registered is in the same category as the trademarked name, you can't (or shouldn't attempt) to use it with any variation. You can't add a hyphen, space, words in front or at the end of a trademark. It's still infringement.

    If your use is in a different category altogether, you might be able to use it, although you may need to still defend that use against the trademark holder if they choose to challenge it.
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  • Profile picture of the author Congrats
    Thanks everyone!!

    So, to be really safe it's better to come up with a new domain name I guess. It's a pity because I liked the name.
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    • Profile picture of the author CrisisCore08
      Originally Posted by Congrats View Post

      Thanks everyone!!

      So, to be really safe it's better to come up with a new domain name I guess. It's a pity because I liked the name.
      In general you should try to avoid those domain names, most likely that your site will be fine although keep in mind that maybe you will piss someone.
      If you really really like it go for it.
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  • Profile picture of the author KimboJim
    It's much better to find another name cause there's always the chance that the TM holder will get pissed and sue you for everything you made plus other damages. I know there are domains with TM names, but I personally avoid them at all costs.
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