Did I Make A Mistake?

[WebFreelancer]

I have a .NET domain consisting of two dictionary words, registered in 2018, starting using it this year (2021)

Another party has a nearly identical domain, also the .NET, registered in 2008, starting using it 2009 (from what I can tell), the key difference is they use a DASH between the two dictionary words (both names are the same two dictionary words, in the same order)

Me: somedomain.net
Him/Her: some-domain.et

When I registered the domain, I checked the .COM and .ORG for obvious conflicts, but I didn't think of checking any of the extensions with a dash

The other party's site appears to have had no updates since it was first launched (it's clearly dated given the subject matter), the topic is basically the same for both our sites, except mine is current information

I am in Canada, they appear to be in the US

There are no registered trademarks (with or without the dash) in Canada or the US, or even for the two words with a space

The .COM (without a dash) is a parked at SEDO
The .ORG (without a dash) throws a connection error
The .COM (with a dash) is a parked at Web.com
The .ORG (with a dash) throws a connection error

Here's my questions, any opinions are appreciated VERY much

Does the owner of the .NET (with a dash) have legal rights over my name because he/she got online first?
Is there any concern with the owners of the parked domains?

If it matters, from what I can tell, my version of the name was available when he/she opted for the dashed version

 

[Pierre Barnard]

Hi and Welcome to NP! I would not worry too much if I were you.

 

[WebFreelancer]

Thanks for your opinion

 

[Lord Antares]

If there is no trademark, you're good. You can't just reserve dictionary words by existing online.

Don't worry.

 

[theinvestor]

Wow, some bad advice. Just because it is two dictionary words does not mean there is no common law TM. No one here can properly give you advice without knowing what these 2 words are and what the information is on both sites.

 

[WebFreelancer]

It seems like a bad idea to reveal the name on a public forum, but there are no registered trademarks for any variation of the words (as one word, as two words with a dash, or as two words with a space), in either of our countries

As far as the content goes, it's of a technical nature, his/hers is very dated, mine is current (his/hers was created with Windows 95 screenshots)

His/hers is aimed at people with more technical skills than mine, mine is aimed at beginners, although the subject matter is closely related

 

[theinvestor]

You don’t need a registered TM.

Since you’re in Canada read this :

https://www.heerlaw.com/common-law-trademark-rights-canada

 

[WebFreelancer]

Thanks, I was vaguely aware of common trademarks, both here in Canada and United States

It seems our geographical locations are fairly important

"While a common law trademark does provide some basic local protection for your business, its regional restrictions and lack of enforceability make it ill-suited as a long-term defensive solution. The only way to truly protect your common law trademark is by making it a federal registration."

Ref: www(dot)gerbenlaw(dot)com/blog/an-overview-of-common-law-trademark-rights/

There are so many similar sites in my space, granted, with non-similar domains, I guess I wonder what stops anyone claiming the actual content is too similar

The owner of the other site has not contacted me claiming I intended to cause confusion, or anything else for that matter, and given their site is so dated and hasn't been updated since I purchased my name, I wonder if they even care, or even know I exist

On the flip side, there are numerous other sites in this space that use the same two words plus an extra one or two, before or after, does that mean their also on the radar?

If anyone here were in my shoes, would you approach the dashed version owner to buy his name? Is that a logical consideration? I ask because trademarking my name seems futile since the other party was first online

Then again, what rights does a US resident have over a Canadian resident in a matter like this?

Thanks for those participating, really appreciate the wisdom

 

[AEProgram]

If someone registered a .net with a hyphen then there is something special going on with these words. Tell us the words

 

[WebFreelancer]

Not necessarily, I've heard people say they like the dash because the name is easier to read

No offense, but as a VIP, I don't think you should be asking (telling) people to reveal domain names with legal considerations

 

[NickB]

Go and pay for legal advice or get a free initial consultation....

 

[Alop]

Good question