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PetEx does it impede on FedEx?

Labeled as debate in Legal Discussion, started by MapleDots, Oct 15, 2020 at 2:33 PM

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  1. MapleDots

    MapleDots Top Contributor VIP

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    We all know Federal Express is in the delivery business and runs under FedEx.com & FedEx.ca

    So imagine an online Pet Supply website that sells pet supplies and ships them to end users. Now further imagine that the pet supply store wants to be know for rapid delivery of pet supplies, especially in covid times when some retail stores are closed. So this pet supply company wants to run under PetEx short for Pet Express.

    I had a friend who ran a small pet food delivery business as PetEx(dot)ca and his specialty was home delivery of big bags of dog food. An ill conceived business plan which I knew was doomed to failure so I kept an eye on the PetEx(dot)ca domain name. Sure enough he ended up pursuing something else and dropped the domain, I picked it up thinking it might be of some use.

    I have been thinking very hard about this one because it could be misconstrued as FedEx because both services are slightly overlapping (as much as a pet supply company can overlap with a courier service). So now I'm sitting on the domain and I am figuring out if it is viable as a business or not.

    Federal Express and Pet Express, both are in the delivery business but one specializes in only pet supplies.

    I notice PetEx.com is registered to a Petroleum Company

    So the hypothetical question here is if you owned a PetEx domain would you keep it or drop it?

    I would imagine FedEx would come calling fairly fast if PetEx(dot)ca were to become popular.
    The difference would be PetEx would be an online store with a delivery service whereas FedEx is purely a delivery service.

    Opinions here...

    PS. I'm going to tag my friend @jberryhill to get his opinion on this one.
     
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  2. lambo.com

    lambo.com dnas.com VIP Gold Account

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  3. MapleDots

    MapleDots Top Contributor VIP

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    Actually not, once you make a PetEx logo it is almost impossible not to look like fedex.
    I am thinking something in Italics with three lines in front of the P to represent speed.

    I don't think it's a stretch that there could be some complications there because they will always argue PetEx looks like FedEx

    PetEx

     
  4. DomainRecap

    DomainRecap Top Contributor VIP

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    I know shifty lawyers will try virtually anything to pervert the law, but with a firm dictionary word (Pet) at the start, I don't see any reason for concern. Pet could also be a short-form, as could Ex (Extreme, Exceptional, Excellence, etc.).

    Like you said, the .COM is owned by a Petroleum company using the short form of Pet.
     
  5. MapleDots

    MapleDots Top Contributor VIP

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    Yes, but in this case the EX is Express, I am not trying to hide that.

    As in Express Delivery of Pet Supplies

    I am thinking of another online store, I seem to do well with those and this is my domain of choice but I am super cautious about it.
     
    Last edited: Oct 15, 2020 at 3:02 PM
  6. DomainRecap

    DomainRecap Top Contributor VIP

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    I don't think you have anything to worry about, but the overbearing FedEx mindset may dissuade a buyer or two with the same idea.

    Just remember that the delivery of heavy items in Canada is a very costly endeavor.
     
    Last edited: Oct 15, 2020 at 3:02 PM
  7. DomainBarracksRob

    DomainBarracksRob Top Contributor VIP

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    PeT Ex

    &

    FeD Ex


    Not even close!

    Just ask the Petroleum Company......Which "FedEx" has not dismantled.

    ( the ONLY relevance here is the 2nd syllable "EX") It be stretching it to even compare two 3 letter words with "e" in the middle" and share no other Characters.

    IMO

    GL however you go about it.

     
    Last edited: Oct 15, 2020 at 3:06 PM
  8. equity78

    equity78 Top Member TheDomains Staff TLDInvestors.com PRO VIP ★★★★★★★★★★

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  9. MapleDots

    MapleDots Top Contributor VIP

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    The petrolium company is not in the delivery business though.

    If I were to use PetEx the entire concept would be order online for fast speedy delivery of pet supplies (ie: pet medicines & such)
     
    Last edited: Oct 15, 2020 at 3:14 PM
  10. lambo.com

    lambo.com dnas.com VIP Gold Account

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    +|+
     
    Last edited: Oct 15, 2020 at 3:19 PM
  11. D Haynes

    D Haynes Top Contributor VIP

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    Would the name have been thought of if FedEx didn't exist?

    Is it close enough to FedEx that you would need to explain that it's nothing to do with FedEx when you told someone about it?

    Is it close enough to FedEx that you have to ask other people if it's to close to FedEx?

    If yes to the second two or no to the first then is it worth the potential hassle? Might as well pick a different name and save the bother. If there's even a 5 percent chance you invest time and money into a venture that could be taken from you it's too big of a chance.
     
    Last edited: Oct 15, 2020 at 6:56 PM
  12. lambo.com

    lambo.com dnas.com VIP Gold Account

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    it is irrelevant that the mail would facilitate your fulfilment of an order. Name is clean with no legitimate claimant as outlined.
     
  13. FolioTeam

    FolioTeam AMDB.tv VIP

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    They are not close imho.

    However, the logo design and associated colors shouldn't mimic that of Fedex
     
  14. jberryhill

    jberryhill Top Member John Berryhill, Ph.d., Esq. PRO VIP ★★★★★★★★★★

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    That’s
    odd, since three years ago, it was your idea...

    https://www.namepros.com/threads/petex-or-fedex-complications-trademark-issues.1056493/


    Is your friend named “Tyler Durden” by any chance?
     
    Last edited: Oct 16, 2020 at 1:51 PM
  15. MapleDots

    MapleDots Top Contributor VIP

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    If u check the reg history I have had my eye on it for a few years. I am not the original owner of the domain.

    Finally thinking of putting the site up, the trademark issue is a burden preventing me from doing so, that is why I ask again.
     
    Last edited: Oct 16, 2020 at 2:37 PM
  16. lambo.com

    lambo.com dnas.com VIP Gold Account

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  17. lambo.com

    lambo.com dnas.com VIP Gold Account

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    Step forth, boldly. Free from fear.

    Unleash your wings and fly
     

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