Am I allowed to use a .Com where the name before the .Com is the same as someones Company Name even if I use it for a Company with a different Name?

oberon

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#1
Hi Guys

My First Post so hope you can advise me

Hypothetical Situation: Lets suppose there is a Company called Example which lets suppose is a Registered Company Name

Also suppose I have just found the Tld example.com for sale

Would that mean that I cannot use it because the name before the .Com is the same as their Company Name (where presumably this would apply to all other extensions as well)

My own gut feeling is that I could not but hopefully I'm wrong, even though in this case the word example represents a well known form of transport like a Car or a Truck

Lets also suppose that my own Registered Company is called: Examples for Hire, in which case would I still be prevented from using example.com as the domain name for my Company Web Site: Examples For Hire (on the assumption that I cannot get or even want to use examplesforhire.com)
 

oberon

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Hi Castion

Thank you for your reply

In my own opinion which may count for nothing, the name that this Company chose to register is as generic as something like 'Tractor'

So if I had a Company called Tractors For Hire

Could I use Tractor.Com for my Company 'Tractors For Hire' if Tractors.Com were available
 

Castion

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Well in the past I would have said yes with no reserve.. But after the booking.com trademark ruling, well then I would probably check for trademarks first.
https://www.uspto.gov/trademark

But otherwise yes you should be able to use it if its very generic in nature. But do remember that not all words are as generic as you think.
 

oberon

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Hi Castion

The First thing I did was Check the Trademark and the Trademark was Dead although the Trademark had nothing to do with the Generic Piece of equipment that the name referred to which was a One word name like for instance 'Tractor' which is a fairly well known piece of equipment

So I am more than half thinking that if I had a Company called 'Tractors For Hire' then I could use Tractors.com for this if it were available

Any thoughts on this appreciated
 

Biggie

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#6
So I am more than half thinking that if I had a Company called 'Tractors For Hire' then I could use Tractors.com for this if it were available
Hi

examples and not the actuals, are difficult to respond to

logically....
if, you owned "tractors.com" then you could use it anyway that tractors are used.
from leasing, rentals, sales and even parts, if you wish.

but it depends on when any company you assume you would be infringing on was incorporated or trademarked or established business in region under that name
and then what your usage of it is and whether that usage conflicts/confuses their customers.
also depends on whether they care or not about what you do, as you may never appear on their radar.

that doesn't encompass all possibilities, again it depends on actual domain in question.

imo....
 

oberon

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#7
Hi Biggie

That's a very interesting concept, so I think my first job would be to find out what the person who registered the Company actually does and if their use is different to the one I have in mind then I think that I might be ok

Unfortunately I cannot Share the actual name even in private with those who have PM'd me so I hope that no one is going to be offended about that, as I feel it only sensible to keep this to myself at least for the moment 'loose lips sink ships' and all that
 
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