Name Issues

[CrazyTech]

Well, I recently acquired the domain BudgetHost.biz and was thinking about using it. I realized that their is Budget Host which is an association of inns in the US and Canada. They have budgethost.com.

Would there be a potential trademark issue if I branded as BudgetHost.biz?

 

[.X.]

Definatly IMO,I would'nt challenge them.I'd either offer them the name and make a few bucks,Or drop it altogether.Just MO

 

[hin]

The term “Budget Host” is very generic. It describes the product/service you are providing, a budget hosting service.

I personally don’t believe there would be a TM issue, but please don’t take my word I am not a professional in this field. Do you know if that term has been registered as a trademark?

 

[CrazyTech]

I don't believe they have a TM on the term. I noticed the website seems very unprofessional for a large company and it seems to be a loosely-based online setting. For example, many of them are called Budget Host Inn yet when you go to that domain it redirects to a travel website.

I agree that the term is general and this was my thinking, but additional input on the situation is greatly appreciated and needed at this point.

 

[sunken]

Actually they do according to the Trademark office. They have a word mark for BUDGET HOST. Even if you are using it for a different goods and services, there is the chance that they can come and get it from you via UDRP as the confusion factor is far easier to prove there apparently. I wouldn't build your business on it.

 

[CrazyTech]

Thanks for pointing that out. That's definitely frustrating that I am forced to pass up such a good name but at the same time I don't want to give anyone any reason to start trouble.

 

[Dave_Z]

Even if you are using it for a different goods and services, there is the chance that they can come and get it from you via UDRP as the confusion factor is far easier to prove there apparently. I wouldn't build your business on it.

Sure there's a chance. But some UDRPs are won precisely because the domain
owner's use was different and/or unrelated to what the trademark party is
registered for.

The main question is "Why did I register this domain?". The more specific, the
better.

 

[IAmAllanShore]

One of the oldest questions in the book, true. But Google it or seek advice if you really wanted to develop it. Bottom line: Having a TM on the name does not mean that no one else can use the same name for a completely different purpose. (Think Delta faucets vs. Delta Airlines, etc.).
If you're sold on this name, seek counsel.
-Allan