I have a question about TM.

[Ronald Regging]

I own speedmenu dot com and I was recently considering developing it. I always thought it would be a great domain for a restaurant directory. Problem is, when searching, I found a company, speedemenu dot com, which apparently at one time created web design software to allow restaurant owners to easily create a website.

The site is now defunct, even the corporate website is defunct. A search for the term only brings back 2 pages in Google. For all intents and purposes, the company appears to be dead... Problem is they have a live registered TM for speedemenu. The TM specifies "IC 009. US 021 023 026 036 038. G & S: Web site development software downloadable from a global computer network for use in developing electronic commerce web sites. FIRST USE: 20000301. FIRST USE IN COMMERCE: 20000701"

So, am I safe in using my domain to develop a restaraunt directory since their TM is very limiting in scope and states absolutely nothing about restaurants? Even though their entire client base was restaurant owners?

I'm thinking I should be safe, but I'd like some other opinions on this one.

Thanks in advance.

 

[Ray]

I agree regarding the idea of the website.... You should be fine for the most part because your domain will not interfere or conflict with the registered patents / tms.

However, I would check if I were you to see if they have a trademark on the domain / name. Your domain is only 1 character away from theres. They could easy claim that your domain was used to squat / steal traffic... (ex: microsofts claim against Mike Rowe of mikerowesoft.com).

Although my advice might be eithical, it is always a good idea to consent with a lawyer.


- Ray

 

[Keynes]

I looked at the USPTO filing, and the reach of their TM is unclear: on one hand, it's a broad filing of the name and logo for eCommerce use, but it also doesn't speak of specific use in restaurants at all. We should have an attorney comment on this because while I believe you should be safe, it's best to get a professional opinion if you're undertaking a large development.

 

[Ronald Regging]

Well, I'm operating on a shoestring budget, so while professional legal advice would be best, it's just not feasible. I cant even really afford the development, but I think I'm going to do it a bit at a time as money permits and try to tackle a large portion of the project myself. Basically I'd like this to develop into a commercial venture, but it will probably take awhile to come to a point where I can actively market feature listings to restaurant owners.

Like I said, their site is dead, so I don't think theres an issue of stealing traffic. They have a total of 4 backlinks I don't know, maybe I will just attempt to contact them to see if they would have any problems with it. If they dont, then I don't need to worry. If they do have a problem with it, then I guess I'd have to wait til I have the money for a lawyer.

Just wanted to get some more opinions on the matter, thanks for the responses.

 

[Keynes]

Herb, if it's a small development, you are probably safe to proceed...just have a backup domain in mind in case they contact you (although they probably won't.) Also, you might want to contact them ahead of time, just to be safe -- if you do, see if they'll give you written clearence that it's okay to develop.

 

[Ronald Regging]

I tried contacting the owner, but got an undeliverable mail response. So I'm going to assume I'm safe to proceed. If it ever comes to be a problem, I suppose I could argue that they abandoned their TM, not that I think my site would violate their TM to start with. But yeh... hah

 

[labrocca]

Just go for it. That's what I would do. There is a risk but imho..minimal.

 

[jberryhill]

I tried contacting the owner, but got an undeliverable mail response.

Handy hint about corporations. They can always be contacted...

https://www.sos.mo.gov/BusinessEntity/soskb/Corp.asp?400038

Name Name Type
TYMYL CORPORATION Legal
General Business - Domestic - Information

Charter Number: 00480482
Status: Good Standing

Entity Creation Date: 2/25/2000

State of Business.: MO
Expiration Date: Perpetual
Last Annual Report Filed Date: 4/5/2006
Last Annual Report Filed: 2006
Annual Report Month: January
Registered Agent

Agent Name: TODD M.LIFKA
Office Address: 512 BALLAS TRAILS DRIVE
ST. LOUIS MO 63122

 

[wisconsin]

So, am I safe in using my domain to develop a restaraunt directory since their TM is very limiting in scope and states absolutely nothing about restaurants? Even though their entire client base was restaurant owners?

I'm thinking I should be safe, but I'd like some other opinions on this one.

Thanks in advance.

I would like to say, yes...But both are providing some type of service for restaurants, and they can argue that it is most likely to create confusion for the public.

I would be curious to know, if you had to apply for a trademark for that term, whether the USPTO examinig attorney would approve its registration or at least approve its publication for opposition. Good luck!