Legal Problems down the road?

[jdq]

Hi Everyone. I'm wondering if I can bounce this off the minds here who have much more knowledge than I do.

In 2010, I obtained a domain "Shop Pad.com" (remove space) for a side/hobby project (a deal-shopping app) which I never got around to finishing. In 2012, a company was formed (incorporated) with the same name but with the domain "theMYDOMAIN.com". It's 2016 now and I'm ready to publish my finished project but I don't know if I should use the domain. In addition to legal worries (though I did buy the domain well before the company existed), there are other downsides like social media usernames gone, serps filled with results for another company, etc. I was excited when I got the domain because I felt it was catchy, had no search results, no trademarks, etc. There still is no trademark on the name that I can find.

Does this seem like a problem finally publishing my project to my domain?

Many thanks. Any input is appreciated greatly.

[edited: grammatical error]

 

[jdq]

I appreciate all the views of my post and understand if no one has any input, but does anyone know where or can point me to someplace or someone who might have some insight into how to handle this?

 

[deez007]

There are a few other members here who could probably advise better on the legal ramifications but from what I understand, the fact that you owned the domain before the company even existed leaves you in a the fairly safe zone. Unless off course you start trying to sell clones of their products and try to deliberately leverage of their brand to sell products that are directly related to their business. Other than that you should be safe.... as far as I know.

Like I said though, I'm sure other members here with more experience in TM's could provide more insight

 

[fatter]

Just out of curiosity isn't "shop pad " pretty generic I know our shop used to use pads for oil spills ect,
Joe t

I have a few names where I own the generic name but companies added MY or similar pronoun to get a trademark\copyright, when their original request failed on just the generic.

 

[jdq]

Do those trademarks affect you because you own the "base" domain?

I have a few names where I own the generic name but companies added MY or similar pronoun to get a trademark\copyright, when their original request failed on just the generic.

Edit: grammar fix

 

[fatter]

Does those trademarks affect you because you own the "base" domain?

I don't think they would because my names are clearly generic commonly used. But I would seek legal advice if it bothers you.

 

[enlytend]

Trademarks. Are. About. Usage.
(not just words.)
They identify a unique provider of one or more classes of goods / services.

They're using it for apps for Shopify. If you're using it for completely different goods and services, i.e. not competing with them or misleading their customers, you should be fine.