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Trademark question

Labeled as opinion in Legal Discussion started by Amma, Jun 24, 2019.

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  1. Amma

    Amma Established Member ★★★★★★★★★★

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    Hello Namepros,

    I need some opinions if you think there is any possible trademark issue with this:

    fiverr TMed for service marketplace. Is there a trademark infringement if I using Fivean.com for the same services?

    Fivean is actually FiveAN but I thought to use as Fivean or fivean in logo.

    Your help would be greatly appreciated.
     
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  2. HappyW

    HappyW Owner of NamesMaker.com Gold Account

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    If you have a real sales record and brand plan, it should be from the perspective of protecting the brand, not the UDRP.Because you can start applying for your trademark right away to protect your company and products.
     
  3. Amma

    Amma Established Member ★★★★★★★★★★

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    Thank you so much for taking the time to advise. Yes, I have business plan and intend to register trademark but need to make sure there will be no issue before spending money.
     
  4. HappyW

    HappyW Owner of NamesMaker.com Gold Account

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    Yes,No problem, you should submit your domain ownership certificate for use as an application 'Fivean.com' trademark
     
  5. jberryhill

    jberryhill Top Member John Berryhill, Ph.d., Esq. VIP ★★★★★★★★★★

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    In the United States, merely showing that one has registered a domain name does not qualify as proof of use of a trade or service mark. Clearly, neither "fivean" nor the corresponding domain name are being used for the proposed services as of yet.

    Maybe I'm a little bit slow, Amma, but could you explain to me the logic of seeking to use something starting with "FIVE" and adding two letters at the end, as a marketplace for freelance service providers?

    If it is not an attempt to suggest a similarity with Fiverr, then what is it?
     
  6. HappyW

    HappyW Owner of NamesMaker.com Gold Account

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    I mean registration‘Fivean.com’, not 'Fivean',This will not conflict with existing trademarks.
     
  7. D Haynes

    D Haynes Top Member VIP

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    That was going to be my first question too.

    To OP, why would you want to start a business in the same field as an already well established business with a confusingly similar name? Surely that alone is grounds for TM infringement of some sort?
     
  8. Amma

    Amma Established Member ★★★★★★★★★★

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    My aim is to create a simple marketplace for freelancers those who want to sell their services @ $5 per hour until they reach a certain level. Once they reached the level, the $5 limit will be removed and the freelancer can increase their price. Only hourly basis services, NO fixed price services like on Fiverr so I want name the business "$5 an hour". To brand the domain I removed the "hour" and make it "Five An"= Fivean.

    I also own the following domains:
    5anhour.com
    5perhour.com

    Your feedback is much appreciated.
     
  9. D Haynes

    D Haynes Top Member VIP

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    In my opinion (which isn't worth much) that's asking for trouble as it's still a confusingly similar business model to fiverr although I have no idea if that makes it a tm infringement. The other problem I can see arising is who decides what is a fair hours work? What I mean is someone could work for 30 mins and still charge for an hour.
     
  10. AGAME

    AGAME Get That Perfect Name Gold Account VIP

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    You said it yourself "using Fivean.com for the same services" That is confusingly similar. I would not touch that with a 10 foot pole.

    Sure, you can create a freelance service - just name it differently. Go back to the drawing board.
     
  11. Amma

    Amma Established Member ★★★★★★★★★★

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    I understand the risk so I decided to not to use the domain I wrote in my first post. Any suggestions or opinions over the domains I mentioned in my last post, would be greatly appreciated.
     
  12. urlurl

    urlurl Top Member VIP

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    i would skip '5' or 'five' altogether

    go with something more generic like 'freelance' or 'gig'
     
  13. Bob Hawkes

    Bob Hawkes formerly MetBob NameTalent Gold Account VIP

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    I agree with others that it is unwise to include five in the name. Even if it could legally stand (I am not qualified to comment legally) it seems to me that in the eye of potential clients it would be seen as piggybacking on a successful existing business. I would seek something unique about your approach, like you seem to be emphasizing the idea of graduated rates of return, so why not use a name like ladder or steps as part of your domain name?

    I think there is room for another player in the freelance niche, so I hope it works out for you, but if me I would stay away from using five in any form.

    Best wishes for success.

    Bob
     
  14. jamesall

    jamesall Upgraded Member Gold Account VIP

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    It's gonna get hot outside eventually imho. Too close to Fiverr. Try FiveBananas instead.
     
  15. jamesall

    jamesall Upgraded Member Gold Account VIP

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    Btw, you can use Fiverr if you want to sell socks or Air Conditioners or anything else that is not encompassed by their TM. But if you use Five?? for the same usage then you are going to get sued if you prove to be more than a mosquitoe to them (to use the O'Leary term).
     
  16. jamesall

    jamesall Upgraded Member Gold Account VIP

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    Agreed. There is only one Fiverr. It would be really interesting to see if Sixerr would be considered an upgrade or a TM violation. I don't think it is a TM from all that I have read. They can't own every number. That would just be stupid. Millions of mathematicians on your side in eventual lawsuit. (five is not six. No matter what 6 is 9 says).
     
    Last edited: Jun 24, 2019
  17. jberryhill

    jberryhill Top Member John Berryhill, Ph.d., Esq. VIP ★★★★★★★★★★

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