Singular v Plural

[Sipolilo]

I have for some years used an active website to sell my US made products using a name which I later also registered as the name of my corporation but without the suffix "dot com". Neither is a registered trade mark but have both been well advertised. The name uses a key word in the singular.

I have now become aware of another US based business having a website using exactly the same name as my own except for the addition of the one letter S which makes it plural. Its products, imported from Asia, are in direct competition with my own.

1. How can I find the date the other business registered its name to ensure who came first?

2. Assuming I am correct in my belief that my URL was the first registered, am I able to stop the competitor from using such a similar and confusing registration ?

 

[AdoptableDomains]

1. How can I find the date the other business registered its name to ensure who came first?

Enter the domain at domaintools.com to see the creation dates. A silver membership will also allow you to see previous whois records for the domain if it had multiple owners.

2. Assuming I am correct in my belief that my URL was the first registered, am I able to stop the competitor from using such a similar and confusing registration ?

If it's a generic product name keyword and you claim no TM, then you probably don't have a case. It doesn't matter when the name was registered if you have no valid legal claim to the keyword. If the name is not descriptive of the product, then you may have a potential claim, but the burden of proof is on you.

 

[flamewalker]

I can lookup whois information for you if you need, I have a gold membership at domaintools, free of charge. PM me if interested.

Basically if the name is descriptive, or generic... then you would have a tough time. If the term is unique when coupled with your products and services, then you might have a case if you started prior to them, you may be able to claim common law trademark.

Now, the downside is it would cost $5k to $15k or more to fight them via udrp depending on what lawyer you talk to. Using your name (with the previous caveats) in the plural will not protect them. The problem with udrp's is that there is no guaranteed case. There have been some bad rulings. That is why it is always good to get a lawyer for cases like these.

[Just speculation ]

 

[Name Trader]

1. You have been given an answer for this.

2. It's possible. But you really need to talk to a lawyer well versed in domains and trademarks. There are some recommended lawyers in a sticky of this Forum.

 

[Sipolilo]

You have been most helpful. I am grateful.

Thank you very much for your time. I will probably persue your offer re domaintools, but give me a day or two for my own research before I decide if to engage an expensive lawyer.