Similar domain name possible problem?

[navigator72]

Hello,

I have a domain that I used to own and I sold it to the current owner who runs a website. It's not trademarked.
Without going into actual names, i think you'll see the possible problem below:

It's a www.Finda......com
I want to register www.Funda......com.
So really the only difference would be the "Finda -vs- Funda" Same name on the end. sounds similar. very similar. before I go out and buy this domain for my website, I need to know if I should avoid this.
The business is along the same lines as far as industry, but the actual website idea is different.

Thank you

 

[S-B]

Without knowing more, I would say this falls under the confusingly similar category and can constitute bad faith.

 

[domainrz]

Without knowing more, I would say this falls under the confusingly similar category and can constitute bad faith.

If you gonna start same business i agree Shane its a bad faith, otherwise its not a problem i think

 

[navigator72]

It's findaplane.com -vs- fundaplane.com
Same aviation world, different business model

 

[S-B]

It's findaplane.com -vs- fundaplane.com
Same aviation world, different business model

I'm not a lawyer but I would pick a different name.

 

[navigator72]

yeah, better to be safe than sorrry. Thank you

 

[cocaseco]

I think it all depends on if you entered into any type of non-compete upon sale of the name. if you did, then clearly you need to be cautious. if you didn't, then I wouldn't worry about it. You make the guy mad, but if he doesn't have a TM and you are under no contractual obligation, he will have to deal. Him not asking you for qa non-compete was a mistake....but it wasn't your mistake.

 

[iowadawg]

I myself see no problem.

 

[deflee79]

I myself see no problem.

I agree. If it's not Trademarked you shouldn't have any issues. I think the question is more of an ethical dilemma. Just my observation.

 

[ulterios]

A couple of things I think that you will want to take into consideration.

I would be careful if it's a domain/site that you intend to keep long term. Since you sold the domain and are getting back into the same industry/field/niche it can look like you are trying to capitalize from the original site's concept/rep.

Now, it doesn't really make a big difference now, but what if the owner of the original site decides to get a Trademark? Then, there is a good chance that you could wind up with legal problems and costs.

Also, since you are thinking of registering a domain that is very similar then bad faith can be shown, especially since you were the original owner of the previous one so you DID know about it.

Just to be safe and avoid future legal costs/headaches, I would just register something else that is in no way similar.

 

[London555]

yeah, better to be safe than sorrry. Thank you

I just checked for you-PlaneFunding.com is available-No Headaches for you.Good luck.

I should probably add that it was available when I typed this-lol

 

[navigator72]

Thank you