eCrushes.com vs eCrush.com

[Archangel]

I need to ask about the legality of my domain eCrushes.com. There is a TM on eCrush.com but I'm wondering if the usage of my domain would be safe, all things considered. Last I checked, www.ecrush.com is nothing more than a website which is used merely to discover ppl who have a crush on others. If eCrushes.com was used as a full-blown dating website (and not just the little premise eCrush.com uses), and if the eCrushes.com website in no way tries to brand itself to look/appear or in any way associate itself with eCrush.com, would eCrushes.com be safe? I personally believe that if the above conditions were met, the legality wouldn't be an issue. But I've never studied law, thus I'm going on a belief. What do you people think?

 

[labrocca]

It's close enough to be arguable either way which is very dangerous. ecrush.com may get their knot all tied up in a bunch and decide to come after you. Do you have the resources to fight them? The good news is that if you have a good lawyer I believe you could win simply because the names are generic to their usage. You would need to make sure your site bears zero resemblance to theirs.

I notice that their dating part redirects to another site..that's good news for you.

Hope that helps you some. Also if you are going to plunk down a fair amount of money and effort...I suggest you speak with a real lawyer that's knowledgable in this field. Maybe pay jberryhill something to give you a clue.

 

[Archangel]

It's close enough to be arguable either way which is very dangerous. ecrush.com may get their knot all tied up in a bunch and decide to come after you. Do you have the resources to fight them? The good news is that if you have a good lawyer I believe you could win simply because the names are generic to their usage. You would need to make sure your site bears zero resemblance to theirs.

I notice that their dating part redirects to another site..that's good news for you.

Hope that helps you some. Also if you are going to plunk down a fair amount of money and effort...I suggest you speak with a real lawyer that's knowledgable in this field. Maybe pay jberryhill something to give you a clue.

Thanks for your advice.

If I had NIKIE.com then surely the owners of NIKE.com would go after me. But I don't see how something as generic as 'crush' and 'crushes' could be debated. So I agree with you that on that regard, this might be safe. They are "generic to their usage" as you said.

Making sure the site "bears zero resemblance to theirs" is a big factor. I think that as long as the eCrushes domain is used for a full dating site and bears "zero resemblance" to eCrush.com, then I don't think the eCrush.com owners would have a legit shot at any TM issues. I'm hoping that I'm right.

 

[DNQuest.com]

You better hope you are right... but I think it could be viewed and "same catagory" even though they are somewhat different services. It would be up to some sort of judiciary to determine that.

 

[labrocca]

imho I would go for it. Ecrushes.com is a good name for development. However I would be weary to put too much money directly into it. Caution would be my advice...take it slow.