Question about is this ok...

[cis4life]

Ok, here the situation...

Im starting a web service. And was looking for a domain. I finally found one thats not reg. yet and i want to reg it. Thing is theres another site with a similar domain that does the almost exact same thing.

(wont give the domain name, but I will use www.domain.com as example)

My domain will be...
www.domain.com

The other domain is...
www.domains.com (with a 's')

We both do almost the same thing.

Will that be wrong of me to use domain.com in this situation.

Its a real nice domain...

Thanks for your input,
Cedric

 

[Tippy]

Do they have a TM?

Is it made up or a generic keyword?

If not I see no harm in it.

Mike

 

[armstrong]

Agree with Tippy. Generic words are fair game, unless they have some kind of trademark claim.

 

[cis4life]

Just checked their site again, and i didn't see anything about tradmarks. Just a simple business doing what I also do.

Cedric

 

[redhippo]

Originally posted by Tippy
Do they have a TM?

Is it made up or a generic keyword?

If not I see no harm in it.

Mike

can someone
define generic. in domain trade?
at what point does generic evolve to
branded trade mark??

when sales reach $$$ or well know outside of local area?

:gn:

 

[Coastalguy]

The owners of the plural version probably won't be too happy but you will be.
Get it up and running and create some value in the name and you could possibly sell it to the plural owners (or buy their name from them).

Good-luck,
ST

 

[FruitFish]

Originally posted by redhippo
can someone
define generic. in domain trade?
at what point does generic evolve to
branded trade mark??

when sales reach $$$ or well know outside of local area?

:gn:

"Generic" refers to a domain being a made up word or expression like, kooh.com or something like that, that isn't an actual word in the dictionary....I think?
The only way a website or company can get a trademark is to apply for one. It has nothing at all to do with how much they make, how big they are, or anything else.

 

[Elefekt]

i see no problem with it.

generic is something that is not a made up word such as domain.com is a generic domain because the word is a common word in the dictionary

 

[armstrong]

Originally posted by FruitFish
"Generic" refers to a domain being a made up word or expression like, kooh.com or something like that, that isn't an actual word in the dictionary....I think?
The only way a website or company can get a trademark is to apply for one. It has nothing at all to do with how much they make, how big they are, or anything else.

On the contrary, a made up word is quite un-generic and could be basis for trademark.

You're talking about patents and how one needs to apply for it.

Trademarks and copyrights can be 'earned' through actual use of the mark, with no government approval or application necessary, although it would be nice to have. Example would be the logos we design and us for our small websites. I have no patent for them, but if someone decides to copy it and use it on their site, and I can prove ownership, then I can claim trademark infringement and shut them down. Same for made-up words. If you invent kooh.com and start using it as a website, then you can sue anyone who tries to reg kooh.*.