Realized a problem just as I was about to purchase a domain

[jimjammer]

(I'm not a domain investor. I purchase domains to build sites.)

I was just about to finalize the purchase a domain for high $x,xxx when a few last minute checks on Google made me realize there is another domain with the exact same two words but with the word THE at the front.

Example:

Purchasing ExampleDomain.com when a site under the name TheExampleDomain.com already exists and has been trading for years.

TheExampleDomain.com registered April 2003
ExampleDomain.com registered July 2003 (the one I intend to purchase and develop)

ExampleDomain has been parked for years.
TheExampleDomain has a userbase and is a fully trading site (with credit card processing, affiliate system, incorporation, etc).

My intent is to develop the ExampleDomain.com and trade in exactly the same industry.

Q: Should I skip this domain to avoid the risk of losing the domain via legal means?

 

[italiandragon]

(I'm not a domain investor. I purchase domains to build sites.)

I was just about to finalize the purchase a domain for high $x,xxx when a few last minute checks on Google made me realize there is another domain with the exact same two words but with the word THE at the front.

Example:

Purchasing ExampleDomain.com when a site under the name TheExampleDomain.com already exists and has been trading for years.

TheExampleDomain.com registered April 2003
ExampleDomain.com registered July 2003 (the one I intend to purchase and develop)

ExampleDomain has been parked for years.
TheExampleDomain has a userbase and is a fully trading site (with credit card processing, affiliate system, incorporation, etc).

My intent is to develop the ExampleDomain.com and trade in exactly the same industry.

Q: Should I skip this domain to avoid the risk of losing the domain via legal means?

A: without knowing if "ExampleDomain.com" is TMed, you get no 100 % sure answer. But if that domain is there since 2003...odds are its not TMED. I would assume that the developed site`s Registrant did not have any right or the money to get the non developed one. As I said, only if its TMed you have to worry, especially since your intention is to develop it.......maybe you can even TM yourself it if its not, that will assure you 100 % peace of mind.

 

[jimjammer]

A: without knowing if "ExampleDomain.com" is TMed, you get no 100 % sure answer. But if that domain is there since 2003...odds are its not TMED. I would assume that the developed site`s Registrant did not have any right or the money to get the non developed one. As I said, only if its TMed you have to worry, especially since your intention is to develop it.......maybe you can even TM yourself it if its not, that will assure you 100 % peace of mind.

Thank you for the post, I forgot to mention that neither 'ExampleDomain' or 'TheExampleDomain' are trademarked according to uspto.gov and ipo.gov.uk
I'm fine with trademarking 'ExampleDomain' if it guarantees protection even though I wanted to wait 12 months. I was just provided a quote for international trademarking for another name and going ahead with it, so it's not a funds issue.

 

[liquidcherry]

Thank you for the post, I forgot to mention that neither 'ExampleDomain' or 'TheExampleDomain' are trademarked according to uspto.gov and ipo.gov.uk
I'm fine with trademarking 'ExampleDomain' if it guarantees protection even though I wanted to wait 12 months. I was just provided a quote for international trademarking for another name and going ahead with it, so it's not a funds issue.

You don't need to file a TM especially if you are using a name in business you have already some sort of rights to it(DNquest, help me out here)

Cheers

Frank

 

[italiandragon]

Thank you for the post, I forgot to mention that neither 'ExampleDomain' or 'TheExampleDomain' are trademarked according to uspto.gov and ipo.gov.uk
I'm fine with trademarking 'ExampleDomain' if it guarantees protection even though I wanted to wait 12 months. I was just provided a quote for international trademarking for another name and going ahead with it, so it's not a funds issue.

That should be really fine.

But since I`m not a lawyer, and lately the UDRP cases have become a joke, I would strongly invite you to ask the opinion of John Berryhill.

This is his site:

http://www.johnberryhill.com


He`s a member here too, so you can send him a PM too.

 

[tricolorro]

Thank you for the post, I forgot to mention that neither 'ExampleDomain' or 'TheExampleDomain' are trademarked according to uspto.gov and ipo.gov.uk

I'm fine with trademarking 'ExampleDomain' if it guarantees protection even though I wanted to wait 12 months. I was just provided a quote for international trademarking for another name and going ahead with it, so it's not a funds issue.

Hi,

Don't you think the people behind 'TheExampleDomain' would have something to say about your attempt to TM your name?

Even if they missed your TM filing, they could always seek to have your TM declared invalid.

Remember, they were here first.

You really need a TM layer's advice.

If "it's not a funds issue" , then seeking competent legal advice would be money well spent.

Good luck.

Patrick

 

[Dave_Z]

odds are its not TMED.

Maybe not the domain name. But I'm not sure about the words incorporated in
that domain name due to this:

a site under the name TheExampleDomain.com already exists and has been trading for years.

TheExampleDomain has a userbase and is a fully trading site (with credit card processing, affiliate system, incorporation, etc).

And considering also this comment:

My intent is to develop the ExampleDomain.com and trade in exactly the same industry.

Talk about trying to ride on someone else's commercial success.

 

[flamewalker]

IMHO, back away... unless its highly generic/descriptive like... StockTrades.com or something like that...

They don't have to register a tm to claim common law tm rights and sue you...

 

[DNQuest.com]

incorporation[/B], etc).

My intent is to develop the ExampleDomain.com and trade in exactly the same industry.

For clarafication, what exactly did you mean by incorporation? Does that mean the current business is incorporated? is it the domain name or the trade name that it was incorporated?

If at all possible, use an example that better reflects the type domain name. IE if you own johnautosupply.com and don't want to give out the domian name, use joesboatsupply.com. That will help a little bit better in understanding the situation.

 

[jimjammer]

Don't you think the people behind 'TheExampleDomain' would have something to say about your attempt to TM your name?

Even if they missed your TM filing, they could always seek to have your TM declared invalid.

Yes I have the same concern. Archive.org shows them operating an active site since domain registration in 2003, while the domain I intend to purchase has been parked since 2003 (and receiving traffic of around 50/month, obviously as a result of the other domain). Is it possible to gauge a prediction of the other site's success/traffic levels by the type-ins to the domain I intend to purchase? I ask this because there are domains on Sedo owned by others that receive bids & traffic which are simply typos of MY domains that I've developed (random example: my domain is bigteenbreasts.com and they own, park and attempt to sell on Sedo domains such as bigteenbreast.com or bigteensbreast.com or wwwbigteenbreast.com) Some have fetched $500 on Sedo.

Talk about trying to ride on someone else's commercial success.

Also my other concern, as I'll be trading in the same industry and targeting the same customer. Add to the fact the owners of the other domain seem to be 'aggressive', i.e. some forums have postings of complaints that they ignore their request to cancel rebilling, using their photos to create fake profiles, etc. So their actions might affect my business too due to the similarity of the domain name.

For clarafication, what exactly did you mean by incorporation? Does that mean the current business is incorporated? is it the domain name or the trade name that it was incorporated?

If at all possible, use an example that better reflects the type domain name. IE if you own johnautosupply.com and don't want to give out the domian name, use joesboatsupply.com. That will help a little bit better in understanding the situation.

By that I mean the owner of the domain is trading as a LLC, not a sole trader. The incorporation name is not the same as the domain name however.

The site is for a niche in the dating industry, e.g. lesbdate.com. I'm confused as to why the owner of the other domain, thelesbdate.com has not bought the domain lesbdate.com already.

*BTW, it's not actually lesbdate.com, that's just a random example