I want to buy a .com, but the .net is in use

[nnann]

Hey guys,

I'm considering buying an available keyword phrase .com to start a business with. The problem is, some company is using the same phrase with .net for their business.

The official business name of the .net owner does not match their domain name, and they don't seem to mention any trademarks.

Do you guys see this as a problem? We would be in competition for the same exact thing.

 

[cache]

a .com domain would have a upper hand and get free traffic from other extensions.

 

[webdevsys]

If they had the .com and you were thinking about the .net, I would advise looking elsewhere.

In your situation, however, everything looks really good (lol). If you feel like you aren't violating any trademarks, then hop on it.

 

[DnEbook]

consider looking United States Patent and Trademark Office for your u.s.a trademark searches and also WIPO Search
for world trademarks

 

[nnann]

Thanks for the comments. This place is active late night, heh. I'll check out those trademark links, and probably pick up the name-either to use or to 301.

 

[MeanerDomainer]

So how do common law trademarks apply in cases like this?

If the name was very generic, such as AnimalHospital.net, them regging animalhospital.com should have been no problem (had it been available).

But what if there are no trademark registrations, but the domain being used by an existing business is WellFixYourCat.net?

Will nnann have to be concerned about commonlaw trademarks or can he safely start his new business using WellFixYorCat.com?

 

[SiberForum]

I recommend you getting NETY domain name only if you are sure that trade mark is not violated.

 

[nnann]

The name is more like animalhospitaldirections.net. Interesting point about fair use trademarks

 

[SiberForum]

The name is more like animalhospitaldirections.net. Interesting point about fair use trademarks

So then it worth to try. If there will be worst scenario you will lose $10 (registration fee)

 

[enlytend]

Will nnann have to be concerned about commonlaw trademarks or can he safely start his new business using WellFixYorCat.com?

Common law tm's could be an issue.

Even if there are no tm issues and the domain's unquestionably generic, if the .net's WELL established, you'd be fighting an uphill battle trying to build anything similar on the .com.

 

[DnEbook]

keep in mind some tm's are just for logos etc ......not technical

 

[johname]

tms aside, just be glad to .com is available to you to buy, its usaully the other way around. .com gone and person settles for .net

 

[bobbyjoex]

sorry ... what it's nety ?

 

[labrocca]

a .com domain would have a upper hand and get free traffic from other extensions.

I don't agree. Not if the .net is established and well positioned in the search engines. Sure some bleed traffic and type-ins will help the dot com but since most traffic is from search it's not adventageous to start a com where a successful net reigns.

But it's going to also depend on your long-term strategy and ability to overtake the .net.

 

[nielsencl]

If a trademark is not involved and you are not worried about the .net owner going after you to see if he can scare you out of the domain, I would go for it for sure.

But you should also think about how you would feel if you were in their position. Just because you can see an advantage in business does not mean you have to, or should take that advantage. Or not in the way most people would.

If you don't like that company or don't care, then grab it. But if you are a friendly competitor or think that maybe there could be some way for your two companies to form a partnership, then you might consider telling them about it.

Or you could buy the domain and then park it or create a portal site that would have links and ads for other companies that offer the same thing. If you advertise, your ads will appear and even if someone clicks on another company's ad, you still get paid for it!

If the company later finds out about the domain they may want to buy it and you could negotiate a deal.

If you are afraid of competing with them, then in my opinion you have alread lost. If you worry about a competitor then there is something wrong with your business and it needs attention.

Everyone likes money, but goodwill also has value and cannot always be bought.

And even if the .net site is a monster, the .com domain will STILL get a percentage or traffic because .com is the first thing everyone thinks of and will type in. The amount of traffic will vary and the longer the domain name, the less you can expect.