NameSilo

I want to start a company using domain.com, but somebody is already using domain.in (India)

Labeled as question in Legal Discussion started by magnate, Jun 30, 2018.

Replies:
8
Views:
588

  1. magnate

    magnate Established Member

    Posts:
    535
    Likes Received:
    2
    I want to start a marketing company using a domain.com that I own, but somebody has already started a marketing company using the domain.in name. They are based in India, and I am based in Canada and will be targeting US & Canada.

    Would I get into legal troubles if I began using domain.com? We'd be running the same type of marketing company.
     
    Last edited: Jun 30, 2018
    The views expressed on this page by users and staff are their own, not those of NamePros.
  2. Name Options

    Name Options NameOptions.com Gold Account ★★★★★★★★★★

    Posts:
    694
    Likes Received:
    61
    As long as there are no trademarks in Canada or US for that name you should be fine. We own a few great brandable .com's used in Spain and Italy for actual businesses (in their respective ccTLDs) and we are also based in Canada. DISCLAIMER: I am not a lawyer.
     
    Last edited: Jun 30, 2018
  3. D Haynes

    D Haynes Active Member VIP

    Posts:
    886
    Likes Received:
    1,505
    Certainly wouldn't be something I'd worry about. But then there isn't much I do worry about.
     
  4. MarketingStrategies.com

    MarketingStrategies.com Upgraded Member Gold Account VIP

    Posts:
    973
    Likes Received:
    1,566
  5. magnate

    magnate Established Member

    Posts:
    535
    Likes Received:
    2
    I'm not worried about getting into trouble from just "owning" the name. I'm worried about actually using it - for a company that is doing exactly what they are doing as well.

    Can you elaborate?
     
  6. CoolRev

    CoolRev The CEO

    Posts:
    354
    Likes Received:
    162
    Is your domain.com an actual brand name or some generic name in this category?

    If its a generic name then do some research and see if they are strictly doing business in India or have some in your country aswell, but if its a unique Brand Name, then well I cannot comment on the legality of it but it sure wont be 100% ethical as it would seem you are taking advantage of an already established (if not successful) business name and may lead to confusion and other issues in future.

    Just my 2 cents.

    -CR
     
  7. MadAboutDomains

    MadAboutDomains Established Member ★★★★★★★★★★

    Posts:
    2,611
    Likes Received:
    342
    Check the trademark databases that affect your locale and your domain.

    If there are some, check the goods and services that they have registered. Do they overlap with the ones that you want to offer under the same name?

    If there aren't any, stop worrying and get your business started.

    People get domains taken from them for registering them in bad faith. Use it for genuine means in the country that you live and then you're not "riding" on the back of their success, are you?
     
    Last edited: Jun 30, 2018
  8. MadAboutDomains

    MadAboutDomains Established Member ★★★★★★★★★★

    Posts:
    2,611
    Likes Received:
    342
    Also if all is clear for trademarks where you live, get the darn thing registered!!
     
  9. Name Options

    Name Options NameOptions.com Gold Account ★★★★★★★★★★

    Posts:
    694
    Likes Received:
    61
    Register a company under that name in Canada. Whether as sole proprietor or incorporated.

    It will go through a check to see if it is confusing with other business names and if there are trademark conflicts (if memory serves). But you can do this check yourself very easily online as well.

    If the government allows you to register the business name then you are good to go.

    Everything said so far points to you not having any issues. But if you plan to use the business name long term, you should also register the trademark in Canada and US. This will prevent the Indian company from branching out to North America under the same name and perhaps attempt to hijack the domain from you.

    Again, you should do your own due-diligence and don't rely on anything on this forum as legal advice.
     

Want to reply or ask your own question?

It only takes a minute to sign up – and it's free!

Share This Page

Lysted
  1. NamePros uses cookies and similar technologies. By using this site, you are agreeing to our privacy policy, terms, and use of cookies.
    Dismiss Notice
Loading...