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October 4, 2010 at 9:19 am #970122Up::0
Hi All,
I have a question that relates to using other people’s expired business names….
Some background
My understanding of business names vs domain names etc (having looked into it quite extensively in the past) is that a business name is needed if you are “trading” as that business, including issuing invoices etc, or operating the business in any form as that name in the “offline” world.The rules for online only businesses are that a registered business name is not needed if the business is “online only”, which in effect allows any ABN holder to run multiple online “businesses” providing they invoice as either their main business name or their own name, using their ABN.
The Situation
I’ve recently registered a domain name that I plan to use for a specific shall we say “sub business”, or in other words a specific service offered on a separate website to my main site. This business will only operate online, and all invoices will come under my primary registered business name and ABN. All good so far.HOWEVER – I’ve just discovered that there is a FORMER/EXPIRED NSW Business name that is an exact match for this. The business still exists, but has now changed it name to something similar yet different (two word name, one word the same, one different). Both words are reasonably generic but not completely – ie it’s a fairly generic sounding name. There is defiantly no trademarks involved. The other business is however in the same town as me, further complicating things. The reason for the possibility of this odd co-incidence is the first word is a semi generic word used by many businesses in our local area.
The question
Does anyone know if I am infringing on anything by creating this site? Would I be best to change things now before I get started and cut my (very small) losses? Or does an expired business registration mean just that – it’s expired and there is no claim to it any longer?Hope someone can help
MattOctober 4, 2010 at 12:05 pm #1042645Up::0Rule of thumb is registered Trademark overrides pretty much everything – domain names, business names, etc. Check on the public trademark registry – google to find site.
Apart from that it depends on arguement one makes regarding right to use names, logos, etc. I would not imagine an expired business name would give you much right to the domain if they are actually trading with the business name. You’d hate to spend $ on a web site and marketing only to have to retract your efforts.
I had a similar situation with a US company – I registered the .com.au domain as their .com equivalent. I actually had arguement to do this as I worked in the same market as them but in Oz. I ended up handing the .com.au domain over to them after afew letters to and fro with lawyers – they really wanted the domain and I didnt care that much to enter international litigation.
Disclaimer – Im the furthest thing from a IP lawyer!
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