Quick trademark domain question.. Please help.

[AstoundingDesigns]

I want to buy a new domain for a website. I will pm the name to anyone if they really want to help but i dont want to publically disclose it.

Let me put it this way. There are three words, the is the first word, poker is the second word, an animal name is the third but wont disclose it.

Now I want to make thepoker(animal).com and use that animal as a logo for the site. But there is a poker(animal).net ant it's semi-established from what i searched through google.

Am i alright with registering the name, or will i get into trademark trouble?

 

[evertonian7uk]

tricky one this,

poker ANIMAL ????? is it like the other site the .net? is it similar??

poker - OK - Animal - OK - third word ??? - depends on what it is, for example:

www.pokerpigsplay.com i would say is fine

www.pokerpigplay.net - could have issues.

not a great example i know, but you get the point is it similar to the already running .net?

 

[AstoundingDesigns]

Sent you a pm.

 

[evertonian7uk]

from the PM you sent me, you are not OK, you will not be able to get away with that,

quite simply, adding the word " the " infront of the exsisting domain wouldnt help you, its now confusingly similar,

there are many cases like this out there, i dont think you can do what you want to with this domain, for example:

real site:

www.windows-team.net

your version:

www.thewindows-team.com

this is just an example not the real domains,

if the .net site see yours, i have no doubt they will UDRP you right away, these poker sites are popping up everywhere and im sure they'll all be watching for TM infringments.


it just wont work, reg that name tho!! its a good one, just dont use it for POKER!!

 

[AstoundingDesigns]

I regged it and am going to use it. It's too basic, it's three basic words.. That's like saying i couldn't register thecoolstore.com because someone has thestore.net.. I think i'll be fine. Thank you so much though.

 

[evertonian7uk]

how can it be to basic mate?

its not 3 basic words at all, its 3 words used exactly like the site you are trying to rip off,

you cannot expect to get away with this one, i mean your domain name is EXACTLY like the established poker site already running, the only thing you've done is add "the" in front of it.

my opinion is your asking for trouble here, but good luck to you.

on a side note: why have you regged the name, isnt it because you know of the other poker site, and you think that because the names are similar you might get traffic from it, just FYI, thats called squatting.

your taking a gable here, which is good since you play poker, but i hope your ready to defend the name, cause imo, you will lose it after you invest time and money into it.

 

[AstoundingDesigns]

After searching google with my domains keywords i found 5-10 sites which hold the same exact words in their domain names. I don't think i will have a problem. Plus my site and their site as well as the others across the web containing the same exact words with different extensions or dashes are different, mine is a blog/forum the other is a video tutorial site, and the others are poker affiliates. Thank you for your hostile comments, but I think i will be fine. I've emailed the owner of the main website i was discussing with you through pm's and i await his reply to make sure i am not infringing on any copyright he may or may not have. If he comes back and tells me I am, then I will drop the domain.

 

[evertonian7uk]

my comments arent meant to sound hostile, but more to show you that just because it happens doesnt make it right, its not always that cut and dry,

i wanted to point out to you the implications of using the domain, since your both in the same field isnt it better you get a no BS opinion rather than a go ahead you'll be fine reply.

as i said above its a great name, but used in the same field could cause you problems, just because yours is a forum related to poker and his is a poker site (from what i seen they do offer poker tables as well) doesnt get around the fact both domains are the same.

i hope you do well with the name, thats why were all here, but just be aware, he does have rights to protect his brand, thats all i am saying, and as for the 3 words, you must agree its the exact same name only you added "the" to it.

 

[gjvblack]

I dont think you would have a problem, well depending on what animal it is. But if the other sites find out and they get jealous because you are getting more traffic than them, i guess they will try to scare you with on of the big fancy lawsuits. .net and .coms wont really be a different since they are different tlds, if they are have extra words and are a different tld, i doubt you would have any problem.

 

[evertonian7uk]

I dont think you would have a problem, well depending on what animal it is. But if the other sites find out and they get jealous because you are getting more traffic than them, i guess they will try to scare you with on of the big fancy lawsuits. .net and .coms wont really be a different since they are different tlds, if they are have extra words and are a different tld, i doubt you would have any problem.

Completly wrong buddy!

what difference does it make what animal it is?? its nothing to do with jelousy about traffic.

i highly doubt they will "try to scare him with a big fancy lawsuit" it will happen or it wont.

this is just awesome:

.net and .coms wont really be a different since they are different tlds, if they are have extra words and are a different tld, i doubt you would have any problem.

i suggest you have a re-read of the above, then go and read up on some cases involing this kind of domain dispute (if it went that way)

if i reg and use www.foxybingo.com for 10 years

and then someone comes in and regs: www.thefoxybingo.com

do you thing thats right? - course you do, you dont know any better!

 

[AstoundingDesigns]

What if you register www.foxybingo.com and then someone registers www.thefoxybingo.net and does something related to bingo but uses the fox as a mascot not anything else.. And also does something completely different.

I have a forum, he has a blog?

 

[Dave_Z]

OrganizedHavoc, trademark disputes boil down to likelihood of confusion. If: a)
the party in question has trademark rights to the terms, b) you utilize the site
commercially that's similar (read: potentially infringing) to the mark's use, and
c) people confuse your site with the mark holder's, then you can pretty much
expect trouble. By use, I mean pretty much in the same or similar field, which
is poker-related in this case.

You'd be lucky if the other party does reply. If s/he doesn't, don't necessarily
take it to mean consent as they're not obligated to respond at all. (and that's
if they'll get your message to begin with...)

Why those other sites are still up hardly matters as long as the mark holder, if
any, is stll able to demonstrate potential trademark infringement against you.
S/he could go after the others, but that's for them to decide on their own.

Oh well, what's life without a little gambling?

 

[AstoundingDesigns]

Oh well, what's life without a little gambling?

x2.

Thanks for the comments everyone. I hope they reply and just clear everything up. It's only a $5 loss if it becomes a problem.

 

[Ronald Regging]

I think it depends on the animal. There are a few animal terms that are widely used in poker and might amount to being a generic term. Such as fish, donkey, whale, etc...

However, if the animal in question has absolutely no relation to poker, than it is a unique term and not generic as you state.

And if it is a unique term, than it doesn't matter if you run a blog and they run a forum, because it's still related to poker.

 

[AstoundingDesigns]

It's an animal that COULD relate to poker.. But not to an average player, pro's have been called it before. I dunno, I could argue both ways. It's been regged and is being used. I have emailed the other site owner and will find out in a few days if he is ok with it.

 

[jberryhill]

Thank you for your hostile comments, but I think i will be fine.

Then why did you ask?

If your point was to gather the random opinions of people whose opinion might or might not be worth anything, then someone saying it's probably not a good idea is not "hostile". Granted, people on forums, myself included, have a tendency to speak very directly, but this is not the type of delicacy required when your girlfriend asks, "Do you think this dress makes me look fat?"

...To which, by the way, there is ONE and ONLY ONE correct answer - I don't care if the dress makes her look like a Zeppelin, you tell her she looks great in it. Period.

However, this is Namepros. Not only does the dress make your girlfriend look fat, but she smells bad, her mother is an unbearable harpy, and all of her friends are boring idiots. If it wasn't for the fact that she is only slightly better than jerking off, you wouldn't have anything to do with her.

But thanks for asking.

 

[AstoundingDesigns]

I actually wanted opinions but your invaluable post above was welcomed.

 

[jberryhill]

Best line of the thread:

It's an animal that COULD relate to poker..

http://michaelscomments.files.wordpress.com/2007/04/dogs-playing-poker.jpg

I wish this forum allowed inline images...

what difference does it make what animal it is??

Don't tell me. Let me guess.

A lemming, right?

I'm sure it's in here somewhere....

http://www.amazon.com/gp/reader/0898151864/ref=sib_dp_pt#reader-link

A Norwegian Blue?

Lovely plumage.

 

[AstoundingDesigns]

Is there a reason for your posts or are you just here to entertain yourself?

 

[evertonian7uk]

Since the link is live in your sig no doubt others will tell you the same thing,

add "the" and changing the domain to .net from .com means nothing.

hopefully you get what you need from our comments, if not at least you know what to expect.

good luck with the site, hopefully it all works out.