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Domain/brand name, when is it already taken?

by Tijs
10 replies
Hi everyone,

I'm looking to create a domain name made out of two words, let's say, the name is 'Peaceful Walking'. This term has been around for quite a while in history and used by other big philosophers centuries ago.

Now I just found out these two words are the name of a book written three years ago. It's around #150.000 best sellers rank in Amazon. Plus the writer had made some blog posts on a big site (like lifehacker) and that blog got the name of 'Peaceful Walking'.

Would you Warriors think it is smart to use this domain name for a blog I'm just starting out or are you expecting trouble with these people?

Thanks in advance,
Tijs
#domain or brand
  • Profile picture of the author DoubleOhDave
    It's fine - Titles are not copyrighted - once you can prove you are not "passing off" your site as affiliated to the book you have no problems.
    The only way you would be in trouble would be if say, you were calling your site "Thunderball.com" - it may be seen as passing off your site as being affiliated with the Bond movie of that name and trying to make money from that association. If it's a general term that people use and someone used it for their book it means nothing. I am about to do something similar where I will be quite safely using a term much used that a famous chef has called his book - and because it is a general phrase, I am quite safe.
    Hop I haven't confused you!


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    • Profile picture of the author Tijs
      Originally Posted by DoubleOhDave View Post

      It's fine - Titles are not copyrighted - once you can prove you are not "passing off" your site as affiliated to the book you have no problems.
      The only way you would be in trouble would be if say, you were calling your site "Thunderball.com" - it may be seen as passing off your site as being affiliated with the Bond movie of that name and trying to make money from that association. If it's a general term that people use and someone used it for their book it means nothing. I am about to do something similar where I will be quite safely using a term much used that a famous chef has called his book - and because it is a general phrase, I am quite safe.
      Hop I haven't confused you!


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      Thanks a lot DoubleOhDave, which is an awesome name in itself!

      Yeah well, it's hard that I don't want to use the term, it would be of course easier for you to judge. But it is indeed a term anyone could come with, like 'mastering meditation', 'powerful people' etc.

      It is not used that often in common language, but when you say it people immediately have a feel for it
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  • Profile picture of the author Fazal Mayar
    Two words? How is that brandable? make it atleast 5 words and there are a lot of options out there.
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    • Profile picture of the author thedark
      Originally Posted by Fazal Mayar View Post

      Two words? How is that brandable? make it atleast 5 words and there are a lot of options out there.
      Two words can also work as a brand, if they don't try to explain what your business is doing. For example if you have a website about horse betting and you have the name "HorseBetting" than it cannot be branded. But if you have your domain name "RedHorse", or "HighStakes" or something like that it can be brandable.

      Ideally is to have 1 word, but there are so many brand names that it is hard to come up with a easy-spelling that was not taken already.
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      • Profile picture of the author Tijs
        Originally Posted by thedark View Post

        Two words can also work as a brand, if they don't try to explain what your business is doing. For example if you have a website about horse betting and you have the name "HorseBetting" than it cannot be branded. But if you have your domain name "RedHorse", or "HighStakes" or something like that it can be brandable.

        Ideally is to have 1 word, but there are so many brand names that it is hard to come up with a easy-spelling that was not taken already.
        @thedark: so a word like 'functional meditation' can't be branded?
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  • Profile picture of the author Meharis
    Originally Posted by Tijs View Post

    Hi everyone,

    I'm looking to create a domain name made out of two words, let's say, the name is 'Peaceful Walking'. This term has been around for quite a while in history and used by other big philosophers centuries ago.

    Now I just found out these two words are the name of a book written three years ago. It's around #150.000 best sellers rank in Amazon. Plus the writer had made some blog posts on a big site (like lifehacker) and that blog got the name of 'Peaceful Walking'.

    Would you Warriors think it is smart to use this domain name for a blog I'm just starting out or are you expecting trouble with these people?

    Thanks in advance,
    Tijs

    Tijs,

    To be safe, I suggest before doing anything, you check if there's any kind
    of registration or trademark. Being sued is costly and painful.

    Meharis
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    • Profile picture of the author Steve B
      Yes, Meharis is giving you good advice. Copyright, in my mind, isn't really the issue from what you've described.

      I would worry about trademark infringement. Is there any way the public could be confused about your use of "Peaceful Walking?"

      I say yes, and I would personally choose a different domain name that wouldn't be confused with another company's name, brand, site or product.

      Just my opinion.

      Good luck to you,

      Steve
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  • Profile picture of the author vedremo
    Banned
    Think Dave's hit it on the head - if you're not trying to pass it off as being the official site of the book and/or it's obviously unrelated, wouldn't normally think it would be an issue.

    I would imagine if the guy wanted the domain he would have registered it already.

    My experience says it often comes down to the brand/individual in question. Sometimes they don't mind, they see it as free advertising (e.g. Sheldon's Fans Website). Other times they're all funny about it and will send you an email to your Whois email address saying that they have a problem with it.

    Recently REA Group (who own realestate.com.au) in Australia successfully sued realestate1.com.au because of its similarity to 'realestate.com.au'. I would have thought "real estate" is more of a general phrase than a brand - but judge sided with REA.

    In summary: I would register the domain.
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  • Profile picture of the author Tijs
    Hard call, I see Warriors are divided in this.

    I'll make a decision somewhere today about the domain name, no use in being stuck in it for too long.

    Still, this domain name/branding thing will probably become a huge problem since more and more of these things are going to be taken...
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  • Profile picture of the author mikeink
    Just use google and bing, by typing in branded names or brand names, you will get some of your answers there.
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    Well let me see. OH yea need to start work on my ???????? again.
    Been working for slave wages to long.

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