A: without knowing if "ExampleDomain.com" is TMed, you get no 100 % sure answer. But if that domain is there since 2003...odds are it's not TMED. I would assume that the developed site`s Registrant did not have any right or the money to get the non developed one. As I said, only if it's TMed you have to worry, especially since your intention is to develop it.......maybe you can even TM yourself it if it's not, that will assure you 100 % peace of mind...
Thank you for the post, I forgot to mention that neither 'ExampleDomain' or 'TheExampleDomain' are trademarked according to uspto.gov and ipo.gov.uk.
I'm fine with trademarking 'ExampleDomain' if it guarantees protection even though I wanted to wait 12 months. I was just provided a quote for international trademarking for another name and going ahead with it, so it's not a funds issue...
You don't need to file a TM especially if you are using a name in business you have already some sort of rights to it(DNquest, help me out here) :-).
That should be really fine.
But since I`m not a lawyer, and lately the UDRP cases have become a joke, I would strongly invite you to ask the opinion of John Berryhill.
This is his site: http://www.johnberryhill.com.
He`s a member here too, so you can send him a PM too...
Don't you think the people behind 'TheExampleDomain' would have something to say about your attempt to TM your name?.
Even if they missed your TM filing, they could always seek to have your TM declared invalid.
Remember, they were here first.
You really need a TM layer's advice.
If "it's not a funds issue" , then seeking competent legal advice would be money well spent.
Maybe not the domain name. But I'm not sure about the words incorporated in.
That domain name due to this: And considering also this comment: Talk about trying to ride on someone else's commercial success...
IMHO, back away... unless it's highly generic/descriptive like... StockTrades.com or something like that...
They don't have to register a tm to claim common law tm rights and sue you.....
For clarafication, what exactly did you mean by incorporation? Does that mean the current business is incorporated? is it the domain name or the trade name that it was incorporated?.
If at all possible, use an example that better reflects the type domain name. IE if you own johnautosupply.com and don't want to give out the domian name, use joesboatsupply.com. That will help a little bit better in understanding the situation...
Yes I have the same concern. Archive.org shows them operating an active site since domain registration in 2003, while the domain I intend to purchase has been parked since 2003 (and receiving traffic of around 50/month, obviously as a result of the other domain). Is it possible to gauge a prediction of the other site's success/traffic levels by the type-ins to the domain I intend to purchase? I ask this because there are domains on Sedo owned by others that receive bids & traffic which are simply typos of MY domains that I've developed (random example: my domain is bigteenbreasts.com and they own, park and attempt to sell on Sedo domains such as bigteenbreast.com or bigteensbreast.com or wwwbigteenbreast.com) Some have fetched $500 on Sedo. Also my other concern, as I'll be trading in the same industry and targeting the same customer. Add to the fact the owners of the other domain seem to be 'aggressive', i.e. some forums have postings of complaints that they ignore their request to cancel rebilling, using their photos to create fake profiles, etc.
By that I mean the owner of the domain is trading as a LLC, not a sole trader. The incorporation name is not the same as the domain name however.
The site is for a niche in the dating industry, e.g. lesbdate.com. I'm confused as to why the owner of the other domain, thelesbdate.com has not bought the domain lesbdate.com already.
*BTW, it's not actually lesbdate.com, that's just a random example..