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Matahari
Joined: Eons Ago
# Posts: 15
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Posted: 2003-Aug-26 10:16
hi everyone, i was not too sure where i could post this query as i didnt think it fit in anywhere. so here i am ..
i am starting out on a new venture and setting up a website for it. i plan to offer internet-related services. now the catch is that the name of my company ( and URL) sounds suspiciously like that of an existing site/company, even though i never knew of its existence earlier.
hypothetically , say my company is called "XtoZ" , the other company is called "X2Z" and we have similar domains too i.e., X-to-Z.com and X2Z.com respectively. so the only difference between us is the numeral 2. however, even though we both offer internet related services, the nature of services is somewhat different. while they are facilitators between clients and IT service providers online, we would be directly offering web services to clients.
what i would like to know is - will there be any legal issues in the future because my site sounds so much like theirs? also, since we both would be targetting similar clients, will i end up looking like a me-too site and losing out on some some prospective clients in the process ?
i know this has been a long post, but im hoping for a couple of thoughts from all of you !! ( beginners luck) :D
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excell
Staff
Joined: Mar 19, 2001
# Posts: 14512
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Posted: 2003-Aug-26 13:29
Does either company have the business name trademarked?
If you didn't know of their existence earlier and you thought you had picked a good and appropriate business name I wouldn't worry too much about the way you present. Make sure your site is as unique as it can be. There are a lot of cases where business name & domain names are similar..
look at all the different companies with different extensions. .com .com.au whatever.
It's not the best look and everybody wants branding and individuality, but unless you are going to research and change your business name & domain, I would go ahead.
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sirduncan
Joined: Jun 15, 2000
# Posts: 481
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Posted: 2003-Aug-26 14:12
If the first company has it trademarked - it could be problems for you though... Wouldn't it? I guess I've always figured - be as original as you can. Hence the market I am in....
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rjzak
Joined: Eons Ago
# Posts: 57
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Posted: 2003-Aug-26 15:39
You can go to www.uspto.gov to see if the other company has registered (or has a registration pending) for a trademark. Go to the trademark section to do a search.
The other thing you may want to consider is if YOU want your company's name to be so similar. As you grow, this source of confusion may cost you business. In general, I would avoid using "to" or "2" (or "for", 4) in a domain name.
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rjzak
Joined: Eons Ago
# Posts: 57
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Posted: 2003-Aug-26 15:41
Also, in addition to checking www.uspto.gov, check their website to see if they have put a "TM" near their company name. They may try to claim their name as a common law trademark even without it being a registered mark.
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RodB
Joined: Eons Ago
# Posts: 1435
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Posted: 2003-Aug-27 06:15
I tend towards changing the name to something a bit more exclusive. Trademark fights are expensive and time wasting. In this day and age starting over will cost you 6 months of lost sales. One can be creative in choosing domain names with a bit of effort. I have just been through this whole exercise with a changed name on a branding problem where I didnt get paid by a crooked operator. Alternatively pay someone to ensure your exclusivity.
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