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Did I just waste money on this domain?

Discussion in 'Domain Names & Parking' started by krikey, Sep 5, 2019.

  1. kickthat

    kickthat Jr. VIP Jr. VIP

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    You can absolutely trademark dictionary words if you've built a brand around that phrase (Apple?). Also, big red shoes is an example, not the actual domain that the OP has purchased.

    OP, it could definitely be an issue if the other site has trademarked the term as you could face a legal challenge. You should definitely investigate this before going ahead.

    However, if your competition is not a major player and there is no trademark then I don't see why you couldn't go ahead. Just anticipate that there may be issues ( their customers coming to you for a refund, customers leaving reviews on third party sites for the wrong company, etc)
     
  2. Stackz

    Stackz Jr. VIP Jr. VIP

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    Maybe he'll get traffic from the customers of the other site who type in the adress without the hyphen? :cool:
     
  3. MisterF

    MisterF Moderator Staff Member Moderator Jr. VIP

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    Based on your example; Bigredshoes.com as the example and you're worried about 1 site with the dash in the name?

    What about Bigredshoes with al the other Tlds; .ord, .info, .net, .io. .this that and every other tld?

    Or Bigredshoesreviews.com
    Bestbigredshoes.com
    Bigredshoesscam.com
    Buybigredshoes.com

    etc, etc, etc ?
     
  4. Bommie

    Bommie Registered Member

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    Only for specific uses and if you're a billionare company. I could call me company redapple (or some shit like that) and sell apples and I would be good. However, I might not be able to call my computers ''red apple''. A simple search shows if there's a trademark or not.
     
  5. Bestindabiz

    Bestindabiz Power Member

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    Could have been that it wasn't available at the time.
     
  6. kickthat

    kickthat Jr. VIP Jr. VIP

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    I'm only trying to clarify as I don't want people to read this thread and get the wrong impression.

    Your original post implied that it wasn't worth checking if the phrase was trademarked as it was a dictionary phrase. I was just pointing out that is not the case. You absolutely do not need to be a billionaire company to trademark a generic phrase, so it is definitely worth checking regardless. Besides, we might assume that the company OP is referring to is not a massive corporation but they could be.

    You're right about specific uses, but OP originally stated that he is in the same niche as the site/brand that he would be competing with for the name so he would fall under the same use case if the term was trademarked, which would put him in the firing line if there is a trademark.

    Like you said, a simple search will give you an answer so it is well worth checking.

    There might still be a load of headaches around customer confusion as I already pointed out previously.
     
  7. Vinay Soulless

    Vinay Soulless Registered Member

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    Just sell them your domain.
     
  8. Lemvar

    Lemvar Newbie

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    Yeah, stupid mistake.. :p
     
  9. theeyeinside

    theeyeinside Junior Member

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    Please allow me to explain.

    Any domain name without a dash is superior to one with a dash.

    Always remember this -

    1. A trademark is a text string or image PLUS A PRODUCT. A Trademark CANNOT EXIST without a product.

    2. Court costs are too high to fight trademark violations unless you have giant pockets. What a trademark does is PREVENT SOMEONE ELSE from stopping YOU from commerce. So if you get a domain name and put up a website, you have first use and even if someone comes along tomorrow and trademarks that name with their product, they cannot stop you from using it.

    3. Trademarks have a "class" attached to them. So it is really "text string or image or both" PLUS product PLUS class.

    The trademark for "Big Red Shoes" PLUS a shoe line PLUS a class that includes shoes

    is a different animal than

    The trademark for "Big Red Shoes" PLUS a line of vitamins at the health food store PLUS the class that specifies vitamins.

    Same name - different class.

    They do not infringe upon one another

    Sincerely,

    TheEye
     
  10. Lamuks

    Lamuks Jr. VIP Jr. VIP

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    People should really read up on blogs or Namepro's before investing in domains. While I also found out with the trial and error method, not smart to just throw the money away.
     
  11. yourface1

    yourface1 Newbie

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    You can do whatever you like but you might want to consider associated risks
     
  12. Bommie

    Bommie Registered Member

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    Apple is a brand name, not a generic word in this specific instance. You can't call your company ''phone'' or ''computer'' and have the trademark for those terms. It cannot be done. It gets complicated when it's a brand name tho. I would like to see an example when a generic word was trademarked for the purpose which said generic word implies.
     
  13. kickthat

    kickthat Jr. VIP Jr. VIP

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    Yes, words explicitly describing the function or appearance of the product that is being sold cannot be trademarked, but that is a different thing from saying that dictionary words cannot be trademarked.

    OPs example was Big Red Shoes, so if that site sold shoes it would be unlikely to qualify for a trademark. However, we don't know what they do sell. If they were a marketing company branding themselves as that then it's possible they could be trademarked.

    Equally, OP already stated that was an example. There is no saying that the actual domain itself was using descriptive words like this.

    I'm not trying to say that you personally don't understand the issue. I'm just saying I think you're portraying it in a way that could be misconstrued by newbies reading it.
     
  14. Bommie

    Bommie Registered Member

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    OK yeah I agree with you, I wasn't being clear. I should have been more clear. But it's unlikely that a 2 or 3 word EMD domain would be a brand name and not a descriptive one. He used 3 words so I'm guessing that the domain has 3 words or at least two. I find it unlikely that a company called White wedding dresses would sell VPN services. Just saying.