question Registering The .Com of a Small Canadian Real Estate Company Name?

[The Rover]

I'll get right to it. So there's a very small (2 man) Canadian real estate company that specializes in buying and selling real estate in Canada. Let's call it BlueRiverProperties.ca as an example. They don't have a registered trademark in either the US or Canada, however, I'd assume they'd have an inherent trademark on the name within Canada on some level, since they've been actively using the name for commerce in that country.

Now, if I were to register the domain BlueRiverProperties.com and actually operate the same business here in the states, would there likely be any issues? The Canadian company only deals with properties in Canada, and I would only deal with properties in the US. So really, there should not be any obvious confusion within the market.

Most folks here probably already know that in the real estate/domain world, that there are many different companies often using similar or even the same exact name (just hyphens or other extensions like .net etc). My guess is that this is likely because it's normally not an issue when it comes to real estate, since most of these real estate companies are operating in totally different markets, therefore limiting any possible confusion or cross over. However, I'd be interested in hearing namepro member's opinions.

Thoughts anyone?

 

[bmugford]

I'll get right to it. So there's a very small (2 man) Canadian real estate company that specializes in buying and selling real estate in Canada. Let's call it BlueRiverProperties.ca as an example. They don't have a registered trademark in either the US or Canada, however, I'd assume they'd have an inherent trademark on the name within Canada on some level, since they've been actively using the name for commerce in that country.

Now, if I were to register the domain BlueRiverProperties.com and actually operate the same business here in the states, would there likely be any issues? The Canadian company only deals with properties in Canada, and I would only deal with properties in the US. So really, there should not be any obvious confusion within the market.

Most folks here probably already know that in the real estate/domain world, that there are many different companies often using similar or even the same exact name (just hyphens or other extensions like .net etc). My guess is that this is likely because it's normally not an issue when it comes to real estate, since most of these real estate companies are operating in totally different markets, therefore limiting any possible confusion or cross over. However, I'd be interested in hearing namepro member's opinions.

Thoughts anyone?

More than one company can have the same name, especially if the underlying term is related to a GEO, Name, etc. and/or if they are operating in different fields or regions.

With the limited information given I doubt you are going to run into issues. It is hard to know without the specifics. The more unique the name is, the more defensible it is.

Brad

 

[theinvestor]

There are so many family run real estate companies that operate using similar names. Sometimes because they use their last name and if it’s a popular last name.

That being said I think there’s always a risk when you’re using a domain similar to someone else’s and within the same industry. Real estate agents are not in tune with domains and likely this would never be an issue but I would still seek proper legal advice if you are planning to start a business on .com. It wouldn’t hurt to do some due deligence and maybe TM the domain and take proper precautions. My 2 cents.

 

[Samer]

i have a similar problem own .com of a .CA website. wont hijack the thread but reminds me of it; Their .CA site is beautiful.
Yet seemingly no interest in .com (no inquiry)
i almost want to give it to them for free;
that’s how good their “.CA” ext site looked.
Have not contacted them. i’ll DM all here name

Good luck mate!!

Samer

 

[The Rover]

More that one company can have the same name, especially if the underlying term is related to a GEO, Name, etc.

With the limited information given I doubt you are going to run into issues. It is hard to know without the specifics. The more unique the name is, the more defensible it is.

Brad

Thanks for the feedback. I suppose the issue here is that the only difference is simply the domain extension. Both company names would be the exact same, it's just one is a .ca and one is .com. and both would not be operating in the same market/country. I really like the name, and obviously I don't want to share the exact name here, but BlueRiverProperties.ca & BlueRiverProprties.com is a pretty good hypothetical example.

 

[theinvestor]

I think it’s fair to say BlueRiver is not really that unique. It’s like your company being called GreenGrass. I would think you would be safe with this but are you not able to slightly change the name and operate as you please?

 

[bmugford]

Thanks for the feedback. I suppose the issue here is that the only difference is simply the domain extension. Both company names would be the exact same, it's just one is a .ca and one is .com. and both would not be operating in the same market/country. I really like the name, and obviously I don't want to share the exact name here, but BlueRiverProperties.ca is a pretty similar example.

PM the actual domain if you want and I will give you more detailed feedback.

Brad

 

[CraigD]

It's worth bearing in mind that real estate agents generally work with legal professionals, so they are more likely to solicit advice if they encounter any issues.

I'm not sure if that translates to more or less conflicts over domain names, but they are generally cashed up and have the resources behind them to create waves if they so choose.

 

[falez]

you dont need to register a trademark in canada to have rights. you have rights to a trademark if youve been using and can prove that youve been using the mark or name as a tradename. however, if they dont have anything registered internationally, i dont think theres any way they could assert these rights upon you considering you are outside the jurisdiction. however, please not that i am note that i am not a lawyer