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Legal issue about domain names

by vingo
12 replies
Hey Warriors,

Let's say there's a local business in my city with the domain of ClockWorks.com selling clocks. And I want to start a business in the same city with the domain ClockWorksMedia.com selling web design, would I run into any legal issues?

I am in US. Texas if state laws are relevant. Thanks.
#domain #issue #legal #names
  • Profile picture of the author Benung
    As far as I know..."NO" you'll NOT be penalize by this.
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    • Profile picture of the author Steve B
      I disagree. I think you should be very careful about assuming that the Clock Works company will be excited about what you're doing.

      This is a matter for competent, professional legal help.

      Is there a chance that the public will be confused about the two companies? That seems to be one of the criteria used to determine tradename infringement.

      Get an attorney to answer your question.

      Steve
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  • Profile picture of the author Online Traffic Victory
    I would get legal advice first before buying the domain name but I don't think there will be any legal issues as your not selling watches your selling web designs and there are many companies with similar names selling different products but again I would get legal advice first before purchasing the domain name as it maybe a trademark issue which could land you in trouble financially.

    You could also ask ClockWorks.com whether they will have any legal issues with you buying the domain name.
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  • Profile picture of the author KirkMcD
    While that company might not have any problem with it, I think Clock Work Media might have issues with it.
    Clockwork Media and it's trademarked.
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    • Profile picture of the author JessUBotNinja
      Originally Posted by KirkMcD View Post

      While that company might not have any problem with it, I think Clock Work Media might have issues with it.
      Clockwork Media and it's trademarked.
      Proves how important a little research can really be.

      When it comes to anything legal, it is usually best to just consult a lawyer. There are services out there like LegalShield that offer monthly rates for access to legal advice across all areas. If you do not have your own access to legal advice these types of services might be the way to go if you think you will have a lot of questions. A fairly low monthly rate in comparison to the typical hourly cost of a lawyer.

      Best of luck.
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      • Profile picture of the author vingo
        Thanks for all the advice, may need to ask a lawyer to be safe. ClockWorks was just a random example I was using. How do you tell if something is trademarked btw? If the business name is Clockworks, does that mean it's trademarked?
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  • Profile picture of the author Online Traffic Victory
    I think we can all agree that the best advice we can give vingo is to seek legal advice first before buying the domain name as trademark infringement can be a major financial burden which he maybe liable for.
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  • Profile picture of the author James1212
    By changing the name, they cannot do anything to you legally. I would try to become friends with the other business and do a joint venture some how.
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  • Profile picture of the author Jack Gordon
    The question begs to be asked... WHY are you interested in using this term? Is it to capitalize on someone else's branding efforts, or do you have some standalone, justifiable logic for wanting it that is completely unrelated?

    You can have the purest intentions, but that won't keep you from getting sued if the other party thinks they have a case.

    Having said all of that...

    This seems to be a situation where you would not expect to run into a traditional conflict with your domain name.

    You can check to see if your chosen name is someone else's intellectual property here

    But, unless you are doing it in a way that could cause confusion among average consumers, I wouldn't worry too much about it.

    P.S. I am usually the first to say get a lawyer. In this case, it is not a bad idea, but depending on the details it may be overkill.
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  • Profile picture of the author Entrecon
    Am I to assume the keyword you want to use is something that your area is known for such as a landmark or local term?

    One thing to think about, outside of the trademark issue, is how brandable is the name within your website design area and is it relevant in regions further away from you.You also need to look beyond just the website. As many have mentioned here, you need to talk to a lawyer who an assist you in establishing everything you need for your business.

    If I remember correctly, Texas is very business friendly in terms of taxation on income, mostly because the taxes are paid for by a consumer. A quick Google search took me to a flyer on how services are taxed (http://www.window.state.tx.us/taxinf...s/tx96_259.pdf). Hard to say where you fall, but I am guessing as an artisan like a photographer. This means you need to charge your customers tax on their purchase and you will need to report that back and file that with the state. If you don't have all of the paperwork filed and make payments when they are supposed to be made, a trademark infringement will be the least of your worries.
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    • Profile picture of the author vingo
      Originally Posted by Jack Gordon View Post

      The question begs to be asked... WHY are you interested in using this term? Is it to capitalize on someone else's branding efforts, or do you have some standalone, justifiable logic for wanting it that is completely unrelated?

      You can have the purest intentions, but that won't keep you from getting sued if the other party thinks they have a case.

      Having said all of that...

      This seems to be a situation where you would not expect to run into a traditional conflict with your domain name.

      You can check to see if your chosen name is someone else's intellectual property here

      But, unless you are doing it in a way that could cause confusion among average consumers, I wouldn't worry too much about it.

      P.S. I am usually the first to say get a lawyer. In this case, it is not a bad idea, but depending on the details it may be overkill.
      Hi, thanks for the resource. No intention to capitalize on the business name, I didn't know the company existed until I thought of a domain name and did a search of similar company names. I guess I could also call the company up if I register the name and see if they have a problem with it.

      Originally Posted by Entrecon View Post

      Am I to assume the keyword you want to use is something that your area is known for such as a landmark or local term?

      One thing to think about, outside of the trademark issue, is how brandable is the name within your website design area and is it relevant in regions further away from you.You also need to look beyond just the website. As many have mentioned here, you need to talk to a lawyer who an assist you in establishing everything you need for your business.

      If I remember correctly, Texas is very business friendly in terms of taxation on income, mostly because the taxes are paid for by a consumer. A quick Google search took me to a flyer on how services are taxed (http://www.window.state.tx.us/taxinf...s/tx96_259.pdf). Hard to say where you fall, but I am guessing as an artisan like a photographer. This means you need to charge your customers tax on their purchase and you will need to report that back and file that with the state. If you don't have all of the paperwork filed and make payments when they are supposed to be made, a trademark infringement will be the least of your worries.
      The name isn't well known in the area. Thanks for the link, will check it out.
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  • Profile picture of the author LuckyIMer
    Since you are selling something completely different, then from what I know and read about it, you are safe.
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