Legal question

[hippoman]

My friend (yes really a friend) is starting a consulting business in the mental health field. he has landed on XXXXXX consulting as his name XXXXXX consulting.com is registered by a company in another state consulting in the same field he is consulting in. I am unsure if they consult only instate or nationwide. He wants to register the .net and run his business with the same name. i am telling him it is a 100k fine if he violates their trademark which I believe he would be doing. he dosent believe me can someone point me to the laws regarding this. I have seen it mentioned several times but have not seen the law posted and ant find via google. Tahnks

his career consultant told him he can run a business with the same name in the same industry it is legal

 

[chakru]

Well I really dont know the laws regarding this but I am sure it is illegal to do that and there may also be a danger that he might be fined. So my advice is dont let him do that, he may be in danger.

chakru

 

[Kate]

The name does not look generic so operating in the exact same field with same name but different extension = potential problems. Also, having the .net means some amount of traffic leak to the .com so I would consider another name.

 

[jido]

Try that link:

http://www.domaininformer.com/guides/Legal/articles/08013LawEveryDomainerNeeds.html

 

[evertonian7uk]

This is a bad idea,

your mate is going to be slap bang in the middle of someone elses TM with a confusingly similar domain name, hes asking for big trouble if he goes down this road,

he's best to find another name, if he gets into a legal issue his firm's rep might get tarnished as well, theres more than just the domain squatting here.

best advice is to find another domain, avoid the problems now rather than later, and tell him to fire his career consultant.

 

[DNQuest.com]

What you need to find out is if "XXXXXX consulting" is a TM. Keep in mind, it does not have to be registered to have TM protection.

 

[Dave_Z]

i am telling him it is a 100k fine if he violates their trademark which I believe he would be doing. he dosent believe me can someone point me to the laws regarding this. I have seen it mentioned several times but have not seen the law posted and ant find via google. Tahnks

Four words: Anticybersquatting Consumer Protection Act. Here's a start:

http://en.wikipedia.org/wiki/Anticybersquatting_Consumer_Protection_Act

 

[labrocca]

Has he registered or incorporated in his state to conduct business under that name?

You can register is seperate states the same business. However the internet makes TM law a bit more ambiguous since it's across borders and it can become a Federal Trademark.

I can have Apple Car Rental in New York and someone could run Apple Car Rental in Florida...each with their respective local TM rights.

Basically TM rights are established WHERE you do business and for what purpose.

I am unsure if they consult only instate or nationwide.

You have to find that out. Does the .com firm do nationwide business? Is the consulting type a local thing like...real estate? Or is it internet based?

Goodluck.