question-answered Company domain

[Patri]

If I owns a domain name washingclothes .com and if there is a company with the following name: the washing clothe with domain name thewashingclothe . com Registered before I registered the name (washingclothes).
Can this make me a problem ? is this violation of the trademark?

Remark ( washingclothes not my domain name I just give an example to illustrate the problem, you can take for example cooking food and the cooking food ).

 

[jhm]

If a company has a trademark to be fearful of, they will usually provide detail on their site in the "legal" section. If in doubt (and if its worth it), talk to a lawyer. IMO

 

[maya-zir]

it is generic... they can do whatever they want, but the name is generic and you could reg it just because you like to wash clothes

 

[draco]

it is generic... they can do whatever they want, but the name is generic and you could reg it just because you like to wash clothes

A generic domain doesn't mean you can't have an issue. I use the example of Apple. You could sell Apples on a domain with Apple in it, but you would likely have a problem if you tried to sell computers.

Not legal advice.

 

[maya-zir]

A generic domain doesn't mean you can't have an issue. I use the example of Apple. You could sell Apples on a domain with Apple in it, but you would likely have a problem if you tried to sell computers.

Not legal advice.

What are you talking about?
He doesn't try to establish a fake business and confuse potencial clients. So, what is the problem?
I have a website about Mexico and some idiots created travel agency with the same name on Facebook. So, what? There are a lot similar brands around the world.
Even if you TM it, it doesnt mean this word must be removed from the dictionary.
The point is not create a fake business introducing youself as somebody else.
PS. those guys from FB are even more idiots, because I also have the same name account on FB, and they created my brand+travel agency. And now all their potencial clients think I am that travel agency.

 

[draco]

What are you talking about?
He doesn't try to establish a fake business and confuse potencial clients. So, what is the problem?

I never said he was trying to establish a fake business to confuse potential clients and I never said the word must be removed from the dictionary because of one trademark. Regarding my Apple example, there are several car dealerships near me with the word Apple in them. Apple isn't going after them. But if someone opened a store selling computers with Apple in the name, even if they clearly said we're not Apple, they would likely have a problem.

 

[Patri]

I will give you anothor example a company with name the orange and with domain name the orange .com selling the orange fruit, and I own a name domain orange also I sell orange fruit. Can this make me a problem even if it is generic domain ?

 

[Patri]

A generic domain doesn't mean you can't have an issue. I use the example of Apple. You could sell Apples on a domain with Apple in it, but you would likely have a problem if you tried to sell computers.

Not legal advice.

I will give you anothor example a company with name the orange and with domain name the orange .com selling the orange fruit, and I own a name domain orange also I sell orange fruit. What do you think of this generic domain ?

 

[whoevencares]

If you get a UDRP, the questionable intent on what your business motive is reasoned with. If that undermines someone's business, or competing with a business already, reasonably you can't win. But, if your business is genuine, and your domain is listed on MCA, your generic business is listed as one of the business functions, there is no issues. If you feel insecure, file a trademark with IPR, and claim rights. In many reverse domain hijacking cases, the question of fair use is often over-ruled, even if your intention is genuinely not competing with someone's business. This is not a major problem. Good luck!