New Website Forum-legality

[Firemanrob12]

My friend and I at work have a niche area that will be made into a forum in which we anticipate numerous members. we want to make sure the name cant be duplicated and want to turn the forum into a brand eventually and also eventually advertise on this forum for local companies. We already have a name,domain name,and a way to create the forum and the forum creator will be giving us a license to use there forum bulletin software exclusively. We don't anticipate making any money within the first year as subscribers dictate advertisement pitches to local companies. The problem were running into is someone has a similar name for example, "Bigbrowntatertots".. they don't have the website hosted or a confirmed trademark, but we know they own that domain name. Ours would be " TheBigbrowntatertots". What would be the best way to make sure someone cant come behind us and use our name or say that we copied there name. LLC, State Entity, Trademark, Copyright. To sum it all up... we want to create a forum and get a user base big enough to where one day we can have a brand and potentially charge businesses to advertise with us. I know this niche market very well and am sure we can build a brand from it also. I just don't want to encounter legal consequences for trying to run a forum and then turn it into a potetntial side income. thanks and I don't need anyone telling me we cant make any money this way because I already know it is proven.
Alabama IS the state

 

[FlyingRon]

With names that close, you do stand a strong possibility that there is a liklihood of confusion and you may be pursued for trademark infringement even if they don't have a website. Things that go into it depend on what the geographic appeal is, whether the area of commerce is sufficiently related, how famous the other mark is, etc... Nobody is going to tell you that just sticking "The" on the front is going to make things OK. If you're too beng on obfuscation to disclose the ACTUAL information in public, you need to go hire an attorney who can look at your situation in confidence.

An LLC name does not necessarily have anything to do with trademark. A classic one is that there's a company called "Doctor's Associates" but does no real business under that name. You know them under their trademark: Subway (restaurants). Uniqueness requirements of LLC and corporate names is pretty trivial. You can't have one exactly the same as an existing one in your state of incorporation / LLC establishment.

Copyrights have nothing whatsoever to do with titles or company names.

Domain names have to be backed up with a corporate name or a trademark or you open yourself into actions to wrest the domain name away from you through the anti-cybersquatting provision. Best bet is to get your site up and running (and back it up with an asserted trademark and/or corporate name). Alas Domain Name disputes are not ruled by any sane rule of law.

I can give you some advice. Get a good provider. Your $19 unlimited host provider is going to die under the weight of a site like this one when it gets more than few simoultaneous users.

 

[quincy]

... we want to make sure the name cant be duplicated and want to turn the forum into a brand eventually and also eventually advertise on this forum for local companies. We already have a name,domain name,and a way to create the forum and the forum creator will be giving us a license to use there forum bulletin software exclusively ...

A domain name registration on its own confers no trademark rights. It is only an Internet address. Just as you are unable to prevent another business from using a similar name as an internet address, the other business is unable to prevent you from using a similar name as an internet address - unless or until you or the other business starts to use the same name that is in the domain name as an identifier for products or services and consumers connect that name with the products or services being offered and consumers are confused by the same or similar names.

In other words, you have TheBigbrowntatertots as a domain name and the other company has Bigbrowntatertots as a domain name and they are different names, which is why you were both able to register the names. The domain names identify your place on the internet and that is all. Where it goes from here is wherever you or the other domain name registrant decide to take it.

... The problem were running into is someone has a similar name for example, "Bigbrowntatertots".. they don't have the website hosted or a confirmed trademark, but we know they own that domain name. Ours would be " TheBigbrowntatertots". What would be the best way to make sure someone cant come behind us and use our name or say that we copied there name.

The best way to protect your use of TheBigbrowntatertots from use by any others, including the registrant of the Bigbrowntatertots domain name, is to start using TheBigbrowntatertots in commerce as an identifier for your products or services. In the US, it is the first to use a trademark in commerce who is the (presumptive) owner of the mark.

Once the name is being used, you should register the name as your trademark with the USPTO (http://www.uspto.gov). You could also file an Intent to Use application with the USPTO if you anticipate marketing goods or services under the trademark within the next year. The Intent to Use application puts others on notice that the name is awaiting registration and your ITU application date takes priority over any applications that come later.

That said, you want to be absolutely sure that the company that holds the Bigbrowntatertots domain name, or any other company with similar names, would not be considered the first to use the mark in commerce (that the domain name does not also identify another company's goods or services). You want to be sure that no other company could legitimately challenge your use of TheBigbrowntatertots. You need to make sure that another company does not use the same or a similar mark that is recognized by the consuming public as an identifier of their goods or services and/or the goods or services of another under the same or similar name are not marketed in the same or an overlapping geographic area and/or used to identify goods or services in the same class. For example: A Bigbrowntatertot potato company operating solely in Ireland is unlikely to conflict with your use of TheBigbrowntatertot Not a Potato company operating solely in the US.

In other words, if all the other company has is a registered domain name, and nothing else, there is nothing that prevents you from using a similar name as a trademark (and later preventing the other company from using their registered domain name if it works to confuse consumers).

LLC, State Entity, Trademark, Copyright. To sum it all up... we want to create a forum and get a user base big enough to where one day we can have a brand and potentially charge businesses to advertise with us. I know this niche market very well and am sure we can build a brand from it also. I just don't want to encounter legal consequences for trying to run a forum and then turn it into a potetntial side income. thanks and I don't need anyone telling me we cant make any money this way because I already know it is proven.
Alabama IS the state

As FlyingRon said previously, you are always best off starting a new venture by having your business plans (including the trademark you intend to use) personally reviewed by a professional in your area. It is not impossible for you to move ahead with your plans of using TheBigbrowntatertots and it could be possible without any problems arising from your use of the name, but you are always best off starting a new venture with a trademark that you know is unique to you alone. You otherwise risk a legal challenge and there is never a guarantee that you will be the winner of any legal challenge.

Good luck.