Legal issues with similar sounding domain names

[manish]

I am planing to register a domain name which sounds similar to an existing website and I plan to start the same business as the existing website. The current site has not applied for a TM. Is it legal for me to book this domain name and start the same business ? What if I apply for a TM, can I bring the other guy's website down ? What if the other guy registers the TM (after I have started my website) can he force me to pull my website down ?

Any advices, experiences or suggestions will be greatly appreciated.

 

[Jack Gordon]

I AM NOT A LAWYER, but I think it counts for something in the legal system that the existing established site was up, running and established BEFORE you started yours.

I am afraid you will do nothing but cause trouble for yourself going down this road. Why not come up with a unique name and compete vigorously on the merits of your (hopefully better) business model?

 

[manish]

Thanks for your advice, i dropped the idea of registering those names. I see many people run and sell websites with a The(popular domain).com. How valid are such domain names and what should one do if someone registers a "The" version of their website ?