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chester235
Joined: Apr 19, 2005
# Posts: 1
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Posted: 2005-Apr-20 04:07
I have been contacted by a business owner who has a site with a name similar to mine. Their site has been up for 7 years supposedly, while mine has been up for about 3 months now. When I chose the name for my business, I was unaware of their site, having done searches on the name I chose and finding nothing. The names are similar, although not exact, along the lines of "www.abcparts.com" and "www.abcautoparts.com", with both of us selling similar, but not exactly the same items. Kind of like I sell brand X and they sell brand Y. We're both selling items that are dropshipped from other companies.
Do they have a case against me? I can't find much info on line about similar names like this.
Any help is appreciated.
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ClickIt
Joined: Jul 31, 2000
# Posts: 742
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Posted: 2005-Apr-21 00:03
Interesting question. Working on the presumption that you do not intend to confuse the public and that your intentions are honorable, here's a few ideas for you to think about.
You can do a great deal with the site design to clearly identify your site - and avoid company brand identity confusion. Your company logo, type face, colors, Web site layout/design and functionality can, and should be drasticly different (and still HIGHLY effective).
In fact, you can show yourself to be unique by using a better design than your competitor. If their site has been up for 7 years, they almost certainly have a built in system legacy problem. That is, it will be much more difficult for them to migrate to newer - better - systems/business processes than for it is for you to start with great systems/processes.
Are the initial of your business diferent than the other guy? For example, your company is Blue Widget Co., and the other guys are Green Widget Inc. You may very well us BWC as a logo/trade name. This clearly identifies you as being someone other than the Green Wedget group.
Point out the physical location of your company. GWI may be located in NY. BWC is located in NJ; clearly not the same place.
Colors, logos and type styles can (and should) all be used to clearly identify your company. The Coca Cola type, logo (ribbon device) and colors (red and white) are clearly not associated with the type colors and logo of the Pepsi Co.
Provided you do all of the above and the other company still gives you grief, you can always settle the issue by allowing them to buy your URL, provided they pay a huge premium for it. (The cost would have to cover all of your costs, and a nice bonus too.)
IMHO
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