New brand name, but .com taken

cormie

Hi there,
I'm thinking about setting up a new business and I'd like a website for it too. I have a really good name for it, but unfortunately, the .com of this name is already taken. I want to use it as a brand name, but I think they are just using it as a good address to promote something else, but I'll be actually using it the same way say these guys use "bionade" http://www.bionade.com/bionade.php/20_en?usid=49101b1d9edd749101b1d9f59e, on their products.

Is there anything to stop me still using the name on my products and I could just register a different.com for example "bionadeco.com" or "bionadedrinks.com" or something like that? I probably wouldn't be able to sell products under the name "Bionade" though would I? So how do I know that the one I want isn't being used by somebody else that would restrict me from using it?

Any feedback appreciated

adrian.s

Hi Cormie,

A quick search on wipo [1] reveals that "bionade" has been trademarked internationally including Ireland. If you're selling non-alcoholic carbonated drinks, you'll be violating their trademark so you'd need to be cautious here.

I'd also be careful on your choice of domain name, the could argue you are "passing of" as them and that could be problematic as well.

My personal feeling on it is to find a new name.

HTH,
Adrian.

[1] http://www.wipo.int/ipdl/en/madrid/key.jsp?KEY=644987

cormie

Hi Adrian, thanks for the feedback. I was just using that brand as an example so nothing to worry about there I tried searching for the name I want and nothing came up on that website, then I tried searching for bionade, and nothing came up either It suggested "biotrade" which gave some results, but nothing for bionade, how did you search for bionade?

DubTony

Cormie, Google is your friend. Bionade looks like a fairly legitimate product to me.

Search on www.register.com to find out if a domain name you want to use is already registered.

Have you considered the .ie domain? You can register those at www.register.ie, although I believe it's not as simple as a .com or .net

cormie

Yup, bionade seems fine, I was just using bionade as an example, it's not the name I want I can't find any products under the name I want, just the website, but what they are providing on the website is nothing like what I want to provide.

The .ie domain of the one I want is available, but I'd prefer to have both the .com and the .ie so not sure if I should register a "www.nameiwantco.com and put "nameiwant" on the products themselves or hope I can get the .com and just have "www.nameiwant.com" if you get me:o

stepbar

cormie wrote: »

Hi there,
I'm thinking about setting up a new business and I'd like a website for it too. I have a really good name for it, but unfortunately, the .com of this name is already taken. I want to use it as a brand name, but I think they are just using it as a good address to promote something else, but I'll be actually using it the same way say these guys use "bionade" http://www.bionade.com/bionade.php/20_en?usid=49101b1d9edd749101b1d9f59e, on their products.

Is there anything to stop me still using the name on my products and I could just register a different.com for example "bionadeco.com" or "bionadedrinks.com" or something like that? I probably wouldn't be able to sell products under the name "Bionade" though would I? So how do I know that the one I want isn't being used by somebody else that would restrict me from using it?

Any feedback appreciated

I would imagine that as long as both products are clearly different and that there's no confusion between which is which, you should be ok. If you feel that the owners of the .com address are domain parking, WIPO might be your next port of call. But I'd imagine that you would have to be trading for a bit and be able to make a case etc.

cormie

I just rang the number on the website and it goes through to a voicemail blabbing on about what they do, funnily enough, they say "for more information check out anotherwebsitename.com" and don't mention anything about the one I want. The one I want does relate to what they do, but just in the "clever name" type way (which is why I want it :pac:) but my idea relates to it more

Good to hear they are telling people to go to a different address anyway, maybe they'd be willing to sell. They haven't been answering the phone for 2 days though and they don't sound like the type of people you'd want to get too friendly with:eek:

thesteve

Look up the contact details of who the Domain is registered to, if you're lucky you'll get an actual address and not an address of the reseller like admin@godaddy.com ... My missus was in a simular situation and I emailed askng to buy the .com out. The guy replied and said that he doesnt use the site anymore (the business went under) but he and his family still use the email addresses, etc. so we left it off

cormie

Looked up the whois alright and sent an email a few days ago but nothing yet. Where the hell are the owners of it? :pac:

adrian.s

cormie wrote: »

Looked up the whois alright and sent an email a few days ago but nothing yet. Where the hell are the owners of it? :pac:

TBH, having tried to buy the .com for my domain, I wouldn't waste too much time on this. Should you be lucky enough to contact the owner, the battle then begins on a price. They'll try to extort as much out of you as they can and they seem to be well trained in how to do it. If you would like to try and buy it, see if its available on sedo, but see what creative ways you can work around the problem. Are there other TLD's you can pick from that would suit your product, can you prepend or append something to the name etc. Or create a company name who's .com is available, then assuming the name of your product doesn't have some form of trademark protection, promote it as a product on your overall site.

Adrian.

cormie

Just an update on this. I decided not to go with the name I was thinking of and chose and decided on another name I thought of. I googled the name and there is a company in Australia using that exact name for the exact thing I wanted to do:(

So is it still ok to use this name for the product I'll be doing, even though the name is already used by another business doing the same product in Australia?

Is it the same as setting up a Pub called Murphys in Ireland even if there's one in Australia or is it different because it will be a product?

Or can I just go ahead with it in any country other than Australia, or anywhere else it may be used?

BenjAii

I'm guessing you might need to take legal advice on this.

AFAIK in Ireland it is OK to trade using a name already in use, provided you are not intending to pass off your goods as that companies.

In which case you are in a grey area if they are selling a product that is very similar to yours.

It strikes me, if they ever pursued you in an Irish court, they may have some claim. Hence your need for expert advice to clarify this before proceeding to put money into this project.

cormie

Thanks for the reply. I got onto the CRO and they said it's fine to register a name already in use abroad, I asked in more detail and they said get onto the patent office in Kilkenny so I rang them and they lead me to the OHMI or something like that, a search site where I searched the EU community patent and nothing came up about it So I think I'll just go ahead with it and register it here. Could they still have a case if they took me to court though, and what could be the outcome if they won?

BenjAii

cormie wrote: »

So I think I'll just go ahead with it and register it here. Could they still have a case if they took me to court though, and what could be the outcome if they won?

Don't know to be honest, the point I raised was just something that occurred to me. Although getting the nod from the CRO does seem reassuring.

R3al

If you are trading in Ireland you are better off with the .ie domain name, also you may be able to change the name slightly to get the .com i.e. add in a hyphen if there are two words etc

ninty9er

how about a .net or .eu

dietcola

hay hay... well it depends on what and where you want to appear in search listing on the net.. if you choose a dot com its useful as its the interent norm or the base, however a .co.uk will rank best in the uk and on dot com. a .ie will not be as affective as a dot com or a dot co uk...

if your targeting a world market... hit the co.uk and the i.e... keep your url short and if poss related to your products on sale...

im involved in a sell and rent back your home website and had the same pobelm with the dot com so chose a dot co uk and its ranking on the first page of google.co.uk already!!!

the .com ending etc relate to the server location adn thus a server based in a country is more effective for optimisation in that country.... dot nets are useful but start buying anything related to what you do and your url... own them all and redirect to the homepage from the others

good luck bro! get selling and turn that all important profit!!!:D