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Using the same name as another website

Discussion in 'Domain Names & Parking' started by MyPasswordIs1234, Apr 17, 2014.

  1. MyPasswordIs1234

    MyPasswordIs1234 Registered Member

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    I just bought a domain name nicheStateAbbreviation.net and there is already a nicheStateAbbreviation.com which is a very valuable domain name. If I promote this website, but I do not promote it as their service nor promote it directly as nicheState, could I run in to issues for trademark infringement assuming they have the rights to said term?
     
  2. asap1

    asap1 Jr. VIP Jr. VIP

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    If they are big then im pretty sure they will try to shut you down.

    Just imagine if i had google.net you think they will let me keep it lol
     
  3. HeRBaR

    HeRBaR Supreme Member

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    Offer them to buy your domain name ;)
    If they don't want to buy it then, start using it yourself.
     
  4. MyPasswordIs1234

    MyPasswordIs1234 Registered Member

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    Yes but it is a very common term + abbreviation... If I trademark domainname.net will that help me at all? I also bought extraword+niche+abbreviation.com too.

    If I do not sell anything on the website, I am not portraying myself as them. From what I've read trademark infringement becomes an issue when you intend to represent yourself as the company.
     
  5. MyPasswordIs1234

    MyPasswordIs1234 Registered Member

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    Edited out.......
     
    Last edited: Apr 17, 2014
  6. belamor

    belamor Newbie

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    Never do that in this circumstances. Because in court the motive will be clear that you bought the domain with some business name to directly profit from its sale to that same business.
     
  7. MyPasswordIs1234

    MyPasswordIs1234 Registered Member

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    They do not have the term trademarked at the time. Does this help my case, since it was not trademarked upon creation.
     
  8. usablognetwork

    usablognetwork Junior Member

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    Offer to sell it to them if they don't want it keep it and use it , they obviously wont care at that point.
     
  9. twitter.followers

    twitter.followers Elite Member

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    Yes, it does helps a lot and denotes that they might not be a big company. Try using it for yourself, promote it and get some traffic. And once its popular, the owner might himself ask you to purchase the domain along with the website from you.
     
  10. MyPasswordIs1234

    MyPasswordIs1234 Registered Member

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    It is a subsidiary of a national corporation.
     
  11. Duffers5000

    Duffers5000 Elite Member

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    Might is Right.

    If they are big enough and tell you to go away and you are not big enough to fight them back then you will throw all your work in the bin.

    Ask yourself what would you do if you got a strongly worded letter from a lawyer threatening you with personal liabilty(presuming you havent registered a company for this venture) Without knowing the company I can't give a definitive answer but might is right....big guys slap small guys.
     
  12. MyPasswordIs1234

    MyPasswordIs1234 Registered Member

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    If I trademark it how could I be sued?