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Is it Okay to Get a Domain Name that is Someone's Business Name if It's a General Term?

by Superior Content Creation
16 replies
I'm looking at a domain name where the keyword string is a general 3 word term--something like "Tropical Sailing Tours' (just as an example). Someone has the number one spot, their domain is the acronym, and the term doesn't seem very competitive.

Just your opinion--could you get hosed for having a domain that was the same as their business name for such a general term? Also, as I understand it, even as it applies to trademark, you aren't in danger if your market is different. This company apparently only sells their "Tropical Sailing Tours" to people over aged 50. So I'd possibly be okay if I targeted a younger or more general audience? Your thoughts?

One last difference is that my website would be a content website that talked about "tropical sailing tours" and had affiliate links while their website actually sells tours.

The term is actually even more broad than that to be honest.
#business #domain #general #term
  • Profile picture of the author JohnMcCabe
    Originally Posted by dru-man View Post

    I'm looking at a domain name where the keyword string is a general 3 word term--something like "Tropical Sailing Tours' (just as an example). Someone has the number one spot, their domain is the acronym, and the term doesn't seem very competitive.

    Just your opinion--could you get hosed for having a domain that was the same as their business name for such a general term?
    I see you've already thought of trademarks, which would be the real concern for a general term.

    Originally Posted by dru-man View Post

    Also, as I understand it, even as it applies to trademark, you aren't in danger if your market is different. This company apparently only sells their "Tropical Sailing Tours" to people over aged 50. So I'd possibly be okay if I targeted a younger or more general audience? Your thoughts?
    Simply targeting a different demographic doesn't put you in a different market, just a different section of it.

    If you read some of the trademark cases, the guideline seems to be whether or not a reasonable person could confuse you with the company owning the trademark. If a reasonable person might think that your fictional "Tropical Sailing Tours" is now selling to a younger crowd, you could be infringing on their trademark.

    Originally Posted by dru-man View Post

    One last difference is that my website would be a content website that talked about "tropical sailing tours" and had affiliate links while their website actually sells tours.

    The term is actually even more broad than that to be honest.
    As long as you are very clear that you are not the company which sells tours, you should be okay using the general term as a domain name as long as it isn't trademarked.

    Even if it is, you can use it in your other content as long as it passes the 'reasonable person' test.

    For example, there is a fishing magazine called Florida Sportsman (FloridaSportsman.com).

    Too easy to confuse the two. See?

    I would have a hard time starting a fishing blog called TheFloridaSportsman.com.
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  • Profile picture of the author Superior Content Creation
    So if that was the case, I imagine having my own company name clearly in the header might be enough to set me apart. Seems like that would make it pretty clear, and I certainly have no intention to mislead anyone.

    Though, a huge banner above my blog material that said, "We are not XXXX Company" might be good insurance. LOL
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    • Profile picture of the author JohnMcCabe
      Originally Posted by dru-man View Post

      So if that was the case, I imagine having my own company name clearly in the header might be enough to set me apart. Seems like that would make it pretty clear, and I certainly have no intention to mislead anyone.

      Though, a huge banner above my blog material that said, "We are not XXXX Company" might be good insurance. LOL
      It doesn't have to be a huge banner. A simple statement in a sidebar or footer is sufficient, usually.

      "XYZcom is not part of, nor is it affiliated with the XYZ Company, and XYZ Company does not approve or endorse content found on XYZ.com."

      (Easy way to slip the keyword phrase in a few extra times without stuffing, too.)
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    • Profile picture of the author kizio
      Originally Posted by dru-man View Post

      So if that was the case, I imagine having my own company name clearly in the header might be enough to set me apart. Seems like that would make it pretty clear, and I certainly have no intention to mislead anyone.

      Though, a huge banner above my blog material that said, "We are not XXXX Company" might be good insurance. LOL
      Does that sort of thing actually work? I'm not sure but wouldn't that mean your advertising the other company for free and so devalue your own brand.
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  • Profile picture of the author Sour
    If the company has some big pockets, they will send you a C&D over just about anything. I remember there was a thread on Reddit about Lucas threatening to sue an un-launched website called Addroid.com (an advertising platform) because it was similar to "Droid" from Star Wars (this is not the website you're looking for ).

    I also remember seeing a news story a week ago about a NY hot dog place being threatened by Subway because they've been selling their hot dogs as "foot longs" for about half a decade.

    It's really upsetting seeing these big companies push around the little guy that isn't even trying to compete with them.
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    • Profile picture of the author Superior Content Creation
      Originally Posted by kizio View Post

      ok my bad.....too much caffeine
      HAHA Happens to the best of us.

      Originally Posted by Sour View Post

      If the company has some big pockets, they will send you a C&D over just about anything. I remember there was a thread on Reddit about Lucas threatening to sue an un-launched website called Addroid.com (an advertising platform) because it was similar to "Droid" from Star Wars (this is not the website you're looking for ).

      I also remember seeing a news story a week ago about a NY hot dog place being threatened by Subway because they've been selling their hot dogs as "foot longs" for about half a decade.

      It's really upsetting seeing these big companies push around the little guy that isn't even trying to compete with them.
      Wow--brutal one on Subway--how long have foot long hot dogs been around....? No mercy there.

      Anyhow, I looked at the website for this company a little longer and it looks like they are not even the big company. Apparently, they are affiliated with one of those big travel companies that sets you up with a website, etc, and you're really selling their products. The bigger company has a completely different name.

      This affiliate, or whatever, isn't even using that search string on their about page. They consistently use the acronym, so if they have a trademark, I'm guessing that's it. One more thing, there are several other domains with the term and different extensions throughout the results.

      I'd say I'm probably cool on this one as I don't think it's even trademarked. May do a search anyways, but I may not. either way, I'll tread lightly.

      thanks all
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  • Profile picture of the author sbucciarel
    Banned
    Have you checked TESS for the trademark. If it is trademarked, I wouldn't use it. Targeting a younger group of people does not put you in a different category as a trademark owner. Same category, different customers.

    Check here to see if it is a trademark

    Trademark Search - TESS
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    • Profile picture of the author Superior Content Creation
      Originally Posted by sbucciarel View Post

      Have you checked TESS for the trademark. If it is trademarked, I wouldn't use it. Targeting a younger group of people does not put you in a different category as a trademark owner. Same category, different customers.

      Check here to see if it is a trademark

      Trademark Search - TESS
      Thanks--yeah, John cleared it up on the demographic point, and that makes sense. I used the search and nothing comes up. The page does say that no results doesn't necessarily mean it's not trademarked, but as I understand it, if it had a federal trademark it would be in the system, right? Is that your understanding as well?
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      • Profile picture of the author sbucciarel
        Banned
        Originally Posted by dru-man View Post

        Thanks--yeah, John cleared it up on the demographic point, and that makes sense. I used the search and nothing comes up. The page does say that no results doesn't necessarily mean it's not trademarked, but as I understand it, if it had a federal trademark it would be in the system, right? Is that your understanding as well?
        From what I understand, a Federal Trademark provides federal protection, so it appears like they have not trademarked it. Not legal advice and doesn't mean they don't have an International trademark, but it looks less likely to me that it would be a problem.
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        • Profile picture of the author WD Mino
          Originally Posted by sbucciarel View Post

          From what I understand, a Federal Trademark provides federal protection, so it appears like they have not trademarked it. Not legal advice and doesn't mean they don't have an International trademark, but it looks less likely to me that it would be a problem.
          I am not sure about this Suzanne, Maybe an internet lawyer can clarify because obviously neither of us are lawyers and we are just trying to be helpful. But as I understand it though not a registered trademar you could still be sued and be liable.

          It is much the same as ©=copyright if I put ™=trademark (different from ®) that is it I own it and it is now associated with my brand. so I am not sure it would be anything to play with federal or not from what I have studied and learned concerning this stuff it is still a legal covering as I understand it
          -WD
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          "As a man thinks in his heart so is he-Proverbs 23:7"

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          • Profile picture of the author sbucciarel
            Banned
            Originally Posted by WD Mino View Post

            I am not sure about this Suzanne, Maybe an internet lawyer can clarify because obviously neither of us are lawyers and we are just trying to be helpful. But as I understand it though not a registered trademar you could still be sued and be liable.

            It is much the same as ©=copyright if I put ™=trademark (different from ®) that is it I own it and it is now associated with my brand. so I am not sure it would be anything to play with federal or not from what I have studied and learned concerning this stuff it is still a legal covering as I understand it
            -WD

            Yeah .... not really certain myself and trademark law is too complex to solve in a marketing forum, so to the OP ... take it all with a grain of salt. We're not lawyers.
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  • Profile picture of the author WD Mino
    Hmm,

    As I understand it though I am not a lawyer anyone can trademark something it is different then a registered trademark but can still provide protection and is useful for both consumers and competitors as it says 'this is unique to this brand" So sometimes it is best to go to the horse's mouth
    Cheers
    -WD
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    "As a man thinks in his heart so is he-Proverbs 23:7"

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  • Profile picture of the author Superior Content Creation
    I'll look into it some more, Guys. Thanks for your opinions, and at this point, if I want to look into it further, I should probably just do that since none of can be certain of the legality. Maybe I'll drop an email to an attorney.

    If I learn anything substantial, maybe I'll post it back in here if this thread hasn't vanished.

    Thanks!
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  • Profile picture of the author jasonmorgan
    We all know the correct answer to this question,

    consult a lawyer and ignore every post above this one and ignore every post that follows.

    Only an internet laywer can give you accurate advice and information and how it applies to your situation.

    And if all else fails, If the glove don't fit, you must acquit.

    .
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    I'm all about that bass.

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