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ie available, but .com in use would it cause confusion

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  • 26-04-2012 3:44pm
    #1
    Registered Users Posts: 1,610 ✭✭✭


    I am planning a new business which will be based online, however the name of the company which I have in mind is already in use, in the California, and my logo is also something similar, but not the same, which ties into the name. for example redbox (totally an example).

    Should I rethink my strategy or go ahead with the idea? The business name is available in ireland and is quiet catchy, obviously not wanting to give anything away here, understandably I am sure.

    There actually seems to be a few high profile .ie's which have colliding .com names.


Comments

  • Registered Users Posts: 3,979 ✭✭✭Vurnon San Benito


    You might be liable to legal action I would think?


  • Registered Users Posts: 1,256 ✭✭✭blue4ever


    I have an .ie domain domain name that is the same as a huge .com - I'm not concerned - I am a registered Irish business, domain etc - not competing in the same business as them.
    I wouldn't be worried, so long as you're not trying to emulate their business or pass yourself off as the .com company


  • Registered Users Posts: 1,130 ✭✭✭The Apprentice


    Ye but he says he is colliding with the .com

    if your selling blue boxes just like blue boxs.com from an irish domain blueboxes.ie .. Chances are under the radar your fine but really and truly you dont have a leg to stand on. If your logo is the same .. a similar blue box i dont think even the most astute solicitor will tell you its a big no no..

    I would rethink that idea bud or let someone know the idea and ask their opinion you can trust.


  • Closed Accounts Posts: 328 ✭✭LifeBeginsAt40


    Legal action was very often taken by Easy Jet (and McDonald's) against businesses using the 'Easy' or 'Mc' words in domain names along with use of similar colours and font styles in logos etc.

    I would be very careful using a domain name and logo that is identical or almost to another business, especially if you are selling a similar product.

    Don't be too desperate to buy a great sounding domain name at the risk of annoying someone who might indeed take offence.

    If the products are completely different, then less of a risk but I would still steer clear of a similar logo in my opinion.


  • Registered Users Posts: 30 pingpipe


    Even if it is not a competing business you could be setting yourself up for a lawsuit, they could claim that you are diluting their established brand and could argue that you using it would likely cause damage to their identity with the general public. The fact that your logo is similar wouldn't help in a lawsuit either. You're still in the planning stages - save the potential hassle and come up with a different name. It's better to focus on establishing your business, rather than worry about potential lawsuits.


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  • Registered Users Posts: 1,881 ✭✭✭IRE60


    so whats your saying there whats once a company (with a room full of lawyers) has registered, lets say something different, redlion.com - then redlion.ie, redlion.co.uk, redlion.co, redlion.biz - are all off limits?

    I don't think so


  • Closed Accounts Posts: 328 ✭✭LifeBeginsAt40


    IRE60 wrote: »
    so whats your saying there whats once a company (with a room full of lawyers) has registered, lets say something different, redlion.com - then redlion.ie, redlion.co.uk, redlion.co, redlion.biz - are all off limits?

    I don't think so

    It's certainly off limits if the new site has similar logo and possibly similar products.
    You try setting up Easyjet.ie with orange coloured logos and offering cheap flights from Bray international airport! It won't be long before the legal proceedings start against you.

    Piggybacking off of an established domain name is morally wrong and WILL lead to legal action in a lot of cases.

    The point a few of us are trying to make to the OP is that having a similar logo and identical domain name (less the TLD prefix) could potentially lead to legal issues.
    Far better to be unique and build up a business that way.

    Would you have respect for a mobile phone company called O3, that had a similar logo but in fact was nothing but a clone of O2. Clones of websites and logos lead to customer confusion which normally results in lost confidence and loss of web traffic in time.


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