Domains and trademarks and SEO

fishy21

Hi Blackknight,
 
I want to register a .ie domain with yourselves. 
 
Currently the .ie domain is free and the .com is taken and used in the same business as i propose to enter into. The .com is a very high ranking site in google. On the .com site after the logo and slogan there is a trademark symbol (TM). Is this for the slogan or the actual website name? Would there be an infringement if I registered the .ie domain and started trading? Obviously i would use a different slogan.
The .com website is like this.
 
"COMPANY NAME"
"your free design tool" (TM)
 
Also since the .com domain is very very high up in google and when you search the main search term in google.ie the .com site is number 1. If i register the .ie domain would i find it near impossible to beat the .com in the search engines?
 
Appreciate any help
Regards

mneylon

This is not legal advice, but it sounds like you could be infringing on someone else's mark
Unless their tool is called something really really generic you'd be better off choosing your own name as you could end up losing the domain via a dispute

fishy21

Hi Blackknight,

Yes its quite generic. But i really want this domain.

I have heard of companies losing domains like you said.

Its like this.

WebsiteMaker.com
your free website design tool "tm"

Surely the Trademark is on the slogan?

Regards
Peter

mneylon

Peter


Check the trademark databases to be sure what is or isn't protected and which geographic areas the protection covers

Michele