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GoDaddy reviews : Should I purchase GoDaddy?? advice regarding a domain name

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I am looking for advice regarding if a newly forming company picks a particular name whether it could be taken away. Here is the scenario (domain names & industry are only examples and not the actual names/industry involved):.

Newly forming company (has not formed yet, domain name will be acquired first before forming) wants to buy a domain name in the aftermarket that is available at one of the big corporate resellers (not a private seller). For this example, let's say the name they want is UnreliableCars.com and they want to have a car dealership (based in the USA, potentially doing business in a couple states). They check and there are no trademarks for "unreliable cars" or "UnreliableCars.com" at USPTO.

However, when searching for their keywords "unreliable cars" on Google they find that there is a car dealership in another state (where they would have no plans to do business and would be unlikely to expand to) that does business under the name Unreliable Cars, LLC. This particular company is using the domain name UnreliableCar.com.

According to the company's website they have been in business since 2003 and as it so happens the domain UnreliableCars.com was registered in April 2003 (according to WHOIS) while the name they are using UnreliableCar.com was registered in August 2003.

I'm wondering if the newly forming company purchases UnreliableCars.com from the reseller marketplace would the established car dealership with the singular version (but doing business as the plural) be able to pursue a UDRP or some legal claim and take the domain away. The domain in question would cost at least $XXXX to acquire via the reseller marketplace.

Any advice would be appreciated and if you need clarification on anything please let me know...

Comments (6)

They are always entitled to pursue you via URDP. Whether they'd win would depend upon you infringing on their trademark. You could try getting there permission beforehand. That's best left to the lawyers. Personally, I'd look for another domain..

Comment #1

Too complex to offer any comprehensive advice, contact an IP attorney...

Comment #2

Here's the one thing to keep in mind about "newly forming company". There is a nearly infinitely large blank slate from which they can choose to name their company. Did anyone ever think 20 years ago that they'd be staring at a computer screen several times a day with the word "GOOGLE" in multi-colored letters on it?.

So why, at the outset, with infinite possibilities at hand, would newly-forming company want to pick a name for which there is already some question that it might be confused with a name already being used in a similar business by another company.

If newly forming company has a compelling product, then they can call themselves "HRZIPUTZ", customers will flock to it, and they will never have a problem with someone claiming to be the "original" HRZIPUTZ...

Comment #3

Thank you for all of the feedback everyone (especially Mr Berryhill). It was very helpful. The potential name is not a make or break thing for the business but it would make for great branding. However, it sounds like it would be best to seek another option and avoid the risk...

Comment #4

Wow it's great information about legal technicalities of domians. thankss for sharing..

Comment #5

As you might imagine, my career as a naming consultant did not go well...

Comment #6


This question was taken from a support group/message board and re-posted here so others can learn from it.

 

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