TradeMarks and Domain Names.?
927262
There are just far too many issues that are specific to each situation to answer this question in blanket terms. If this applies to you & is not just a hypothetical question, I'd suggest contacting a trademark attorney.\n\nAlso, having a trademark does NOT guarantee you the exclusive rights to the mark across the board. Every mark has to be filed for the trademark in connection with a specific product and/or service. So there can be numerous marks with the same name as long as their goods/services are different enough & there is no chance for customer confusion.\n\nHope that helps! Best of luck to you!
59659
Check out the Small Business Administration web site -- they're a great resource for the small business owner. I listed a couple of other handy links as well. The first two are specific to Austin/Texas.\n\nTry reading up on the subject -- check out Amazon, your local bookstore or library. \n\nPrior to investing your time, money & effort into a business name, it is strongly advised that comprehensive research be conducted to ensure that the name you're interested in is truly available. \n\nThis entails searching the pending & registered Federal and State trademark files as well as the US National Common-Law files. Then, if clear, you can decide if you would like to file for a Federal or a State trademark. \n\nResearch is needed to make sure your trade name is legally available, before opening, before expansion, before incorporation or before designing your logo. Similarities in sound, appearance and meaning affect you too!\n\nThere are 16+ million trade names in use in the United States. Similar names matter, if close in sound, appearance or meaning. Similar names in related classes, distribution channels and customer matter too. You are affected by Common Law use (14 million), State Trademarks (500,000) and Federal Trademarks (2 million).
756577
Trademarks can be names of products or services, logos, slogans, packaging and even sounds and smells. In essence, a trademark can be almost anything that is used to identify a particular product or service. Registering a trademark grants the owner exclusive rights to the mark within the specified industry. \n\nOf course, it's necessary to research the mark comprehensively prior to filing to ensure that there is no possibility of infringing upon another party. \n\nIf you are only conducting business in one state, then a State trademark is most appropriate. If you conduct (OR are planning to conduct) business in at least 2 states OR between the US & any other country, you can file for a Federal trademark.\n\nHope that helps! I wish you much success & happiness in all your ventures!
943355
I listed some links where you can do some preliminary name checking. However, please be aware that this is merely scratching the surface of what's out there. \n\nOnly comprehensive research will tell you if the name is truly available. But, these links are free & a great place to start, so I'd try them out first. \n\nComprehensive research consists of looking at marks that are similar in Sound, Appearance or Meaning in the pending & registered Federal AND State trademark files as well as the US National Common-Law files.\n\nThere are other sites that offer free searching capabilities in conjunction with their commercial services, so I'm not able to post those links due to the Yahoo! TOS. You'll also want to check domain names & yellow pages, so simply do a search for "free domain name search" and "national yellowpages" and the appropriate links will pop up.\n\nHope that helps! I wish you much success & happiness in all your ventures!
851972
Company or commercial. It's more widely used now as a normal domain though.
78579
Check out the Small Business Administration web site -- they're a great resource for the small business owner. I listed a couple of other handy links as well.\n\nTry reading up on the subject -- check out Amazon, your local bookstore or library. \n\nPrior to investing your time, money & effort into a business name, it is strongly advised that comprehensive research be conducted to ensure that the name you're interested in is truly available. \n\nThis entails searching the pending & registered Federal and State trademark files as well as the US National Common-Law files. Then, if clear, you can decide if you would like to file for a Federal or a State trademark. \n\nResearch is needed to make sure your trade name is legally available, before opening, before expansion, before incorporation or before designing your logo. Similarities in sound, appearance and meaning affect you too!\n\nThere are 16+ million trade names in use in the United States. Similar names matter, if close in sound, appearance or meaning. Similar names in related classes, distribution channels and customer matter too. You are affected by Common Law use (14 million), State Trademarks (500,000) and Federal Trademarks (2 million). \n\nI wish you much success & happiness in all your endeavors!
131539
I am assuming that they stole your copyrighted content and design as opposed to stealing your domain name by altering DNS. In this case I think you are somewhat defenseless except to rewrite your website bigger and better.
964578
Well, you can get domain names anywhere that sells them.  You have to think of the domain yourself then buy it if it's not taken.\n\nTry 1and1.com http://order.1and1.com/xml/order/Home;jsessionid=B455E35625E8866CF03193896213BC16.TC60a?__frame=_top&__lf=Order\n\nSearch for your domains here http://order.1and1.com/xml/order/Instant;jsessionid=B455E35625E8866CF03193896213BC16.TC60a?__frame=_top&__lf=Static
989758
Trademarks can be names of products or services, logos, slogans, packaging and even sounds and smells. In essence, a trademark can be almost anything that is used to identify a particular product or service. \n\nA trademark registration grants the owner exclusive rights to the mark within the specified industry. \n\nHope that helps! I wish you much success & happiness in all your ventures!
585906
Look for a feature called "Domain Name Parking" which is offered by several registrars for less than a full-blown registration that is linked to a live website.\n\nNote to that this practice, often called "Domain Name Squatting" has a bad reputation and is generally frowned upon.\n\nAlso, registering a domain name that involves a patent or registered trade name or other corporate entity and then trying to sell it to them might just get you involved in a lawsuit.\n\nNot that that's what you've got in mind. I'm just trying to cover most of the angles for all readers. ;)
601340
Check eBay 'Domain Names' Category. There are alot of names on there that sold in the $100s and some other rare ones sold in the $1000s. That is the only place I know of. If there are more I don't know of them. Since I do not do stuff like this.\nGood Luck!!!
567920
No its not free. They is a fee to pay the State in which its established, check with the Division of Corporations of your State. In Florida the website for these things is very good. You can probably in your state too, go online and seach if someone is already using the name... also you may want to register a logo or color/design scheme, etc... I like the idea of registering a .com with that exact name. Thats what I did with my business you may want to form an INC. or LLC or other protective sheild in the event that you screw someone up and they sue you... I guess that would help keep your liability lower or something. Best to check with a Patent, Trademark Lawyer and have it done by a pro. You don't want someone (like me) snagging your name and making things harder for you to be unique in your industry. I have had others tag onto my business names by little thing like adding an "S" or reversing the words, etc... The way I see it... I'm ALWAYS on the first page of modt search engines for the keywords that I want searched, if not TOP first on the list, Im always on the first page.
1080384
What's the difference between .com, .net, .org domain names? \n\nOriginally, the three letter extensions after the dot (or Top Level Domain/TLD) were meant to denote whether the domain name was being used for business (.com) charity/non-profit (.org) or for a technology based company (.net). However, with the explosion of the Internet (and specifically, the world wide web) as a new business medium, the lines were blurred, and companies and individuals alike started cross-registering domains (ie. Me.com, me.net, me.org) just to protect their interests. Now, .com, .net, and .org names (the generic Top Level Domains) can be used for any purpose.
969786
You'll want to ensure that the name is legally available. Prior to investing your time, money & effort into a name, it is strongly advised that comprehensive research be conducted to ensure that the name you're interested in is truly available. \n\nThis entails searching the pending & registered Federal and State trademark files as well as the US National Common-Law files. Then, if clear, you can decide if you would like to file for a Federal or a State trademark. \n\nHope that helps! I wish you much success & happiness in all your ventures!
482442
Can you register it?  Yes, probably.  Will it do you any good?  Maybe not.\n\nBecause both products are software products, the other company could legitimately come after you.  Trademark classifications are generally done by the product or service itself, rather than by the industry of its likely users.  The key measure of whether your trademark is too close to someone else's is basically, "Is there any chance that a potential customer might be confused?"  Just the likelihood of confusion is enough to justify a claim of trademark infringement.\n\nI would consider contacting the other company before you start using a similar trademark.  If you can explain to them how your software is different and what steps you're willing to take to help avoid confusion, there is a good chance that they will agree to a contract with you that lays out your rights and theirs.  The contract should contain an "agreement not to sue", which is pretty common in trademark work.  That provision could require, for example, that the other company will not sue to enforce its trademark against you as long as you don't stray into its business-area.  Instead, you can agree to submit any disagreements to private arbitration, which is much cheaper than a lawsuit in federal court ($50k and up just to go to trial!) and which can be kept confidential.\n\nYour "hardball" position with the other company, in case they don't want to give you a contract not to sue, could be that you're going to use the disputed word, etc., in a way that will make it very clear that you're a different company selling a different product, which weakens their chances against you, and they would be faced with the cost and bother of taking you to court if they disagree.  You should know, though, that this would be a risky route.  Trademark cases are often settled at a preliminary, pre-trial stage, because just getting a temporary injunction forcing you to stop work can be a death-blow for most companies.  Add damages and attorney's fees (yours and theirs, if you lose!), and you're looking at an ugly gamble.\n\nI'd recommend using a locally licensed attorney who specializes in trademarks.  General practice attorneys usually don't know much about this area's tricky bits.  I hope that helps.  Good luck.
964333
I've always used http://www.register4less.com to buy and host my domain names (four) \n\nSo far, no problems at all and they host with no advertising on your site.\n\nThey are very quick to reply to any questions.\n\nI'm not too computer literate, so sometimes I get lost in the lingo at the site, but if you are up on computer-ease, you will do well by them.\n\nYou can do a search for the name you want and the .com or .net or whatever name you want...there are many more names available...not just those three you mentioned.\n\nGood luck!\n\nPS.  I almost forgot the rest of your question...\n\nPersonally, I like the hypen if it's a long name, then it "defines the words" better...but that's just my opinion.\n\nIf .com is gone, I'd go with .net...\nSounds like you might have to go that way or change the name of your web site.\n\nAgain, good luck with it! :)
1032548
The naming of your business could be one of the most important decisions you will make. A name's originality and legal availability will create a real asset value of its own, as it becomes marketed and gains market acceptance. \n\nThe name you choose will become the focal point of all the benefits and features that relate to your business. Customers will be able to find and refer others to it in the future. \n\nSince any names that are suggested here may already be owned by another party, I wanted to go a different route...\n\nI suggest either hiring a name creation firm or get together with your friends and/or family and throw a "name party" & have everyone bounce some ideas around. Compile a listing of names that you like the best. Once you have that list, do as much free research as you can before you delve into comprehensive research. \n\nI listed some links where you can do some preliminary name checking. However, please be aware that this is merely scratching the surface of what's out there. Only comprehensive research will tell you if the name is truly available. But, these links are free & a great place to start, so I'd try them out first. \n\nThere are other sites that offer free searching capabilities in conjunction with their commercial services, so I'm not able to post those links due to the Yahoo! TOS. You'll also want to check domain names & yellow pages, so simply do a search for "free domain name search" and "national yellowpages" and the appropriate links will pop up.\n\nHope that helps! I wish you much success & happiness in all your ventures!