Names to similar?

[randum]

I'm debating starting a simple online classifieds site in an area I will be moving to. While I was thinking up domain names that use local geographical words, I got one that I thought might be a good fit. I then realized that one syllable drop and it's a major internet directory.

Now, I know that Red Bull went after a little brewery Redwell, just for sounding similar. JustFab.com went after Fab.com for having a �confusingly similar� name.

My idea was to name the website "Yellowstone Pages", perfect for the location I'm planning on targeting. You can probably guess now that my concern is "Yellow Pages". I tried a search for trademark information on "Yellow Pages" and I couldn't make heads or tails of it. Wiki says it isn't trademarked in the US... but that's Wiki.

Think this is too similar? Should I look into other options?

 

[FlyingRon]

If there's a likelihood of confusion, then yes indeed you could have a problem.
If the "famous directory" is really famous, you can also be sued for dilution.

Yes, Yellow Pages is considered generic in the US, but it is a protected mark in the UK and other places (those old time UNIX operating systems people may remember a software module called yellow pages that got renamed NIS because of that trademark issue).

If you're making a site about Yellowstone park or something, I suspect there's not going to be too much of an issue. You're unlikely to but up against the european marks and it's arguable if you're infringing even if so.

 

[quincy]

I agree with all that FlyingRon said.

A concern not mentioned, though, is with any advertising slogan you might decide to use to promote your directory. For example, there is a trademark on the name "America's Only Provider of Online Yellow Page Ads," so you would not want to advertise your Yellowstone Pages as America's only provider of online yellow page ads.

There was, at one time, a trademark registered for "The Total Yellowstone Page" and, although the mark was abandoned in 2010, there could still be a "Total Yellowstone Page" in existence in your area - which could potentially be a threat to your proposed mark.

And, it is important to note, a trademark does not need to be federally or state registered to be offered trademark protection, so all facts must be considered before knowing if your use of Yellowstone Pages would be a risk and/or at how much risk it would be of spawning a cease and desist or infringement suit.

You didn't mention your state name - although assumptions can be made.

 

[randum]

Thank you for the input!

Yes, the target region of the site would be south central Montana, the area the state refers to as Yellowstone Country.

I will certainly do some more digging, but now I know what to look for.

Thanks again!

 

[quincy]

Thank you for the input!

Yes, the target region of the site would be south central Montana, the area the state refers to as Yellowstone Country.

I will certainly do some more digging, but now I know what to look for.

Thanks again!

You're welcome from the both of us, randum.

Good luck with your classifieds site.