I agree regarding the idea of the website.... You should be fine for the most part because your domain will not interfere or conflict with the registered patents / tms.
However, I would check if I were you to see if they have a trademark on the domain / name. Your domain is only 1 character away from theres. They could easy claim that your domain was used to squat / steal traffic... (ex: microsofts claim against Mike Rowe of mikerowesoft.com).
Although my advice might be eithical, it is always a good idea to consent with a lawyer.
I looked at the USPTO filing, and the reach of their TM is unclear: on one hand, it's a broad filing of the name and logo for eCommerce use, but it also doesn't speak of specific use in restaurants at all. We should have an attorney comment on this because while I believe you should be safe, it's best to get a professional opinion if you're undertaking a large development...
Well, I'm operating on a shoestring budget, so while professional legal advice would be best, it's just not feasible. I cant even really afford the development, but I think I'm going to do it a bit at a time as money permits and try to tackle a large portion of the project myself. Basically I'd like this to develop into a commercial venture, but it will probably take awhile to come to a point where I can actively market feature listings to restaurant owners.
Like I said, their site is dead, so I don't think theres an issue of stealing traffic. They have a total of 4 backlinks I don't know, maybe I will just attempt to contact them to see if they would have any problems with it. If they dont, then I don't need to worry. If they do have a problem with it, then I guess I'd have to wait til I have the money for a lawyer.
Just wanted to get some more opinions on the matter, thanks for the responses...
Herb, if it's a small development, you are probably safe to proceed...just have a backup domain in mind in case they contact you (although they probably won't.) Also, you might want to contact them ahead of time, just to be safe if you do, see if they'll give you written clearence that it's okay to develop...
I tried contacting the owner, but got an undeliverable mail response. So I'm going to assume I'm safe to proceed. If it ever comes to be a problem, I suppose I could argue that they abandoned their TM, not that I think my site would violate their TM to start with. But yeh... hah..
Just go for it. That's what I would do. There is a risk but imho..minimal...
Handy hint about corporations. They can always be contacted... https://www.sos.mo.gov/BusinessEntit...orp.asp?400038.
Name Name Type.
TYMYL CORPORATION Legal.
General Business - Domestic - Information.
Charter Number: 00480482.
Status: Good Standing.
Entity Creation Date: 2/25/2000.
State of Business.: MO.
Expiration Date: Perpetual.
Last Annual Report Filed Date: 4/5/2006.
Last Annual Report Filed: 2006.
Annual Report Month: January.
Agent Name: TODD M.LIFKA.
Office Address: 512 BALLAS TRAILS DRIVE.
ST. LOUIS MO 63122..
I would like to say, yes...But both are providing some type of service for restaurants, and they can argue that it is most likely to create confusion for the public.
I would be curious to know, if you had to apply for a trademark for that term, whether the USPTO examinig attorney would approve it's registration or at least approve it's publication for opposition. Good luck!..