A quick quesion about naming my blog

8 years ago

Hello MetallicaFan,

First of all the company you mention does not have any jurisdiction
over you domain name.

If they did not initially purchased all the similar domain names and top domains,
it's their problem.

However you usually shouldn't go after such a name.

Chances are that your future traffic would be hindered instead of helped,
especially if the company's page is an aged domain with lots of traffic.

So if you want to focus on organic traffic better find something more unique.

However from a legal standpoint of you, you have absolutely no conflicts.

Cheers.

Thanks
1 reply

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Kay King

8 years ago

Should I find a unique name?

In a word, YES.

First of all the company you mention does not have any jurisdiction
over you domain name.

If they did not initially purchased all the similar domain names and top domains, it's their problem.

Very bad advice...and wrong.

However from a legal standpoint of you, you have absolutely no conflicts.

Why would you post something like that? If the OP registered a trademarked name in a domain he could defnitely have a "conflict".

And that's why you don't get legal advgice from a public forum.

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EPoltrack77

8 years ago

You said it was similiar and not a trademark. No go ehead and use it! Nothing wrong with it. You can go see if its copyrighted or not but no worries mate...

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nwik

8 years ago

Better to think of a unique domain name to avoid conflict in the near future.

As much as possible don't to copy other's name. Have your own unique idea.

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Kay King 8 years ago

Might be a good idea for some here to look up "registered trademark" ... and, yes, there are international agreements in place.

Trademark Infringement

Whether identical to or similar to a registered trademark - you could lose your domain if you infringe on a company's trademarked name. A company is required to go after violators in order to KEEP the protection en force.

Yes, there are exceptions and ins and outs - but if you don't know them, get legal advice before you go "there".

Makes no sense to spend time, money and effort on a site that is not secure because you registered a trademark in your domain name....and that's why you are better off choosing your own unique name.

Now I'll go away and let all the others tell you "don't let them push you around" and all the other macho junk you see posted when "trademark" is mentioned here.

kay
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Tom Jackman

8 years ago

this is very hard for competing with them, you are in the weaker side, they are a big company and you're a newbie. you should change your blog name to avoiding the competition.

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discrat 8 years ago

Hey guys,
First of all Iam NOT an Attorney of any sorts.

But that being said if it is a big well established company and you get a Name that has even its Likeness they can and do sometimes come after people with civil actions.

Even if it is not spelt the same .Its happened over and over again. Keyword being "likeness"

Like Kay said get rid of the machismo because it's just not even worth the headache , time , and money even if you won

- Robert Andrew
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- Steve B 8 years ago
  
  Metallica Fan,
  
  Please read this short article:
  
  Trademark Infringement - The Likelihood of Confusion
  
  Those who have suggested that there's nothing wrong with getting a blog or domain name similar to another business are simply giving you an uninformed opinion and not the truth. It happens all the time on the WF, so as others have advised, seek competent legal help if you have any doubts or questions.
  
  It's not worth the fight if you were called on the carpet over your business name. There are plenty of great names available in every niche if you are just a little bit creative.
  
  Steve
  
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zerofatzreturns

8 years ago

I have always been of the mind that the man makes the domain, the domain does not make the man.

Look at "amazon.com" It's an ecommerce site that is names after a river in south america. Nobody made that connection until Jeff Bezos made it happen.

What the hell is a Facebook?

Nobody really knew or cared until Mark Z made that relevant.

It is the same for you.

Kam

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discrat

8 years ago

Originally Posted by zerofatzreturns

I have always been of the mind that the man makes the domain, the domain does not make the man.

Look at "amazon.com" It's an ecommerce site that is names after a river in south america. Nobody made that connection until Jeff Bezos made it happen.

What the hell is a Facebook?

Nobody really knew or cared until Mark Z made that relevant.

It is the same for you.

Kam

I cant tell you how true this is. And I can't tell you how many times in my early days how I would rack my brains for days over and over trying to figure out if I should make the Domain 'this or that 'or if 'people will understand if it is worded like this or that' etc..etc..

It ends up being counter productive. Be thorough but also quick and decisive with this Step

- Robert Andrew

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Steve B

8 years ago

Originally Posted by zerofatzreturns

Look at "amazon.com" It's an ecommerce site that is names after a river in south america. Nobody made that connection until Jeff Bezos made it happen. What the hell is a Facebook? Nobody really knew or cared until Mark Z made that relevant. It is the same for you.

Kam,

These businesses all became huge brands because of their timely ideas, brilliant mastermind creators, the technology behind the brands, and massive marketing/branding budgets that were applied over the years.

Yes, it could happen under the right circumstances for the right person. The chances that it will happen for any random entrepreneur . . . one in a gazillion! Those aren't good odds to count on.

Steve

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safinsan

8 years ago

1. As long as you are a smaller company, I think you may rather benefit from that domain name. Because you may receive a portion of traffic that intended to reach the bigger site.

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safinsan

8 years ago

.. cont.. i just hit the enter button and my incomplete post got posted. .. the cons is may be you will not be able beat them in SEO. Then again, sometimes is your domain name conflicts with that of a big company they often offer you handsome amount to sell that domain to them. About legal aspects, I cant give advice though.

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alldigitaltalk

8 years ago

Hi MetallicaFan,

I would suggest you to stay away from the domain name similar to that of a big company. Find a unique domain related to the niche of your blog.

Keep it easy to remember and not longer than 2-3 words.

All the best!

Thanks

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Randall Magwood

8 years ago

Yes, find a unique name. The name of the site won't make you any money. It's the marketing that will. Always remember that, and you will want to have a totally unique name just so you don't have to keep "looking over your shoulders" to see if you're in compliance with anybody else's site or trademark.

Thanks
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Michael Shook 8 years ago

The only point usually in naming your site after another more well known brand is to get typo traffic. You would be well served to create your own identity which you can build over the long run without fear of having legal issues.
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Riyapatel

8 years ago

I found this helpful for you http://www.baatkar.com/2015/10/how-to-choose-great-domain-name-for.html

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A quick quesion about naming my blog

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