Use of the Same Persons Name in a Similar Industry

[hopkism]

For the better part of a year I have been creating content both, a blog and ebooks (nothing published yet) for a website about gardening and farming. The name of the site is "myname"+plants.com. Someone warned me the other day that my name might be confused with the company, "$cotts Turf Builder", which also uses my name in a home and garden like industry.

Right now I'm weighing my options if I should just buy a new domain and change the name, however I really like the relevance of this name and how short it is.

Doing my research I have found a ton of other websites and businesses throughout the world, using the name "Scott" before a plant related word, such as "flowers", "garden", "barn", "nursery", etc. All of these companies appear to have a long standing history and no affiliation with $cotts Turf Builder.

My argument is that I am technically in a completely different industry and I am not attempting to be theirs. Mine is the selling of information on gardening and farming, occasionally house plants. Theirs is in fertilizers and grass seed largely for lawns.

One thing that does concern me though is if I started showing up ahead of $cotts for various SERPS...

I would love to hear your thoughts.

 

[Name Trader]

I think you would basically be alright, because their business is basically turf building. . But I have no idea how aggressive they have been at protecting their brand. Have you searched the UDRP decisions database? If in doubt, change the name. This is just a quick "off the top of my head" response without any legal basis whatsoever.

 

[hopkism]

I think you would basically be alright, because their business is basically turf building. . But I have no idea how aggressive they have been at protecting their brand. Have you searched the UDRP decisions database? If in doubt, change the name. This is just a quick "off the top of my head" response without any legal basis whatsoever.

Thanks. That's what I was thinking. I only second guessed myself after seeing that they have a team of lawyers aggressively targeting businesses for lawsuits - none though on the basis of domain name or business name. They have all been businesses that create a competing fertilizer or one that is too similar to their own.

 

[Name Trader]

It's a small red-flag to consider.

 

[Ms Domainer]

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On the other hand, if it IS your name (and I have no reason to doubt you), then you have the right to build on it.

But this is probably a question for a trademark/domain lawyer.

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[4better]

Sometimes I wonder why using one's own name in a domain could cause problem. Feels like the world squeezes my identity.

 

[enlytend]

Make it very clear that it is your name, make a list of all the classes of goods and services for which they hold a tm, and be extra careful not to step on their toes or run ads for their competitors' products.

If you're planning to invest a lot of time and money in this site it's probably worth an initial legal consult. They can advise you on whether or not you need any kind of disclaimer, etc.

 

[Chris Wright]

My argument is that I am technically in a completely different industry...

The key word is technically. On scotts.com, they offer a lot of different gardening products, and articles and videos about gardening.

On the other hand, if it IS your name (and I have no reason to doubt you), then you have the right to build on it.

I could've been named Oprah Winfrey at birth. If I start selling anything the more famous Oprah sells, bet I would get in trouble.
Mike Rowe was a web designer, who had to give up MikeRoweSoft.com to a famous TM holder.