advice Registering a Domain That Used To Be An Active Company?

[The Rover]

So essentially, there's a domain that I'm considering hand-regging for a small business venture that's surprisingly a decent name (.com). The name of the business and the domain, was once used rather extensively by a small company that went completely defunct back in 2018. There's multiple links to the domain across the internet, and even two business directories that are still showing the business listing, along with the domain link. One of the directories even mentions that the business is permanently closed. So as of now, there's been zero activity for nearly 3 years since the company went completely out of business back in late 2018. There was never a registered trademark either. They let the domain go and everything evaporated into nothing. I suppose the question is, is the domain pretty much fair game for anyone to come along, register it and then develop it into the same type of business that was once active without any issues? The company name would be the exact same, just registered in a different state than the former business. The reason they dried up was apparently due to just a lack of funds. There's no bad reputation or anything associated with the domain. I suppose if the business is defunct, that might seem like a stupid question, however it's a serious question I have nonetheless. What do you think, Namepros?

 

[Cooldomainideas]

I'm also interested in the answer. If you were to go the lengths to replicate the exact business, it can seem wierd. But if the name itself is rather general than specific, aka bluecar.com. I doubt there would be much trouble.

 

[The Rover]

I'm also interested in the answer. If you were to go the lengths to replicate the exact business, it can seem wierd. But if the name itself is rather general than specific, aka bluecar.com. I doubt there would be much trouble.

It's a little more specific than something like "BlueCar.com". It's something closer to "InnerGalaxyTires.com" as a business who sells tires. However, again, the name was never trademarked, the business no longer exists, they dropped the domain, and even deleted their facebook page, and of course the business phone number no longer works. Also, the state corporation entity search confirms that their business is officially inactive. My gut tells me that it's 100% fine and that all is fair in the war of business (given those details) I personally don't see how there would be any legal issues, but I'd still be very interested to hear other opinions.

 

[NicTraders]

So essentially, there's a domain that I'm considering hand-regging for a small business venture that's surprisingly a decent name (.com). The name of the business and the domain, was once used rather extensively by a small company that went completely defunct back in 2018. There's multiple links to the domain across the internet, and even two business directories that are still showing the business listing, along with the domain link. One of the directories even mentions that the business is permanently closed. So as of now, there's been zero activity for nearly 3 years since the company went completely out of business back in late 2018. There was never a registered trademark either. They let the domain go and everything evaporated into nothing. I suppose the question is, is the domain pretty much fair game for anyone to come along, register it and then develop it into the same type of business that was once active without any issues? The company name would be the exact same, just registered in a different state than the former business. The reason they dried up was apparently due to just a lack of funds. There's no bad reputation or anything associated with the domain. I suppose if the business is defunct, that might seem like a stupid question, however it's a serious question I have nonetheless. What do you think, Namepros?

Absolutely, it's fair game.

 

[Sensei]

I actually did something like this. I was excited to register a domain (name-A) of a game localization company that seems to have been abandoned. I knew that the previous owner of name-A started a similar company under his new brand. So what I ended up doing was registering another name that I wanted to brand (name-B), and redirected traffic from name-A to name-B.

Even though my business competed with the previous owner of name-A, he never really approached me about it or even knew of my existence. I've occasionally been approached by people who still remembered titles localized under name-A, and I always told them that I was not the same company as name-A.

My company made enough profit to break even retailing my own localized games, but I never really grew it big enough to get on the previous owner's radar before closing my business.

 

[Papas82]

Hi gents
Does the OP talking about dateme.io ? Is the only domain that fits in your description this period after a small research.

 

[carob]

IAlso, the state corporation entity search confirms that their business is officially inactive.

Not sure what specifically "inactive" means in this context, but you might want to look a bit deeper - was an incorporated company dissolved, or is it just dormant and not filing accounts? A legal entity might still exist that has unregistered trademark rights.

 

[The Rover]

Hi gents
Does the OP talking about dateme.io ? Is the only domain that fits in your description this period after a small research.

No, that's definitely not it. Honestly, there are thousands of businesses that have dissolved and have their previous domains available to reg.

 

[The Rover]

Not sure what specifically "inactive" means in this context, but you might want to look a bit deeper - was an incorporated company dissolved, or is it just dormant and not filing accounts? A legal entity might still exist that has unregistered trademark rights.

No, they failed to renew, so the state is classifying them as inactive. There is no trademark.

 

[Sensei]

There is inherent danger if you plan to piggy-back on the "Goodwill" of the name. If the previous owner has completely abandoned the use of the name, there are still concerns that he or she might litigate on the matter, especially if you plan to do business under the guise of the previous owner's brand.

I only researched that much when I was doing my business, but never consulted an attorney because I didn't assume brand identity. I would suggest you consult an attorney if you plan to do business for the long haul to make sure you're not treading on the goodwill of the name.

 

[TauseefKhan]

lot of companies forget to renew and it's catch by someone else. But, buy after good research.