Clarification on Cybersquatting/Trademark of a Common Word

[InTheCloud]

What is the name of your state (only U.S. law)? US Law

I recently registered a domain that deals with a color and a particular facet of cloud computing. (For example, lets use the fictional domain name ColorCloud.com/net/etc) The domain is not configured currently to any website. After doing some research, I ran into a prominent website hosting service that calls themselves (let's use the fictional example ColorHost) that does NOT offer any cloud services whatsoever.

Replace the word color with any color in the rainbow. Although the two services are within the Information Technology sector, they are vastly different. Website hosting is completely different than my cloud services integration startup business. I am reaching out to experts on this field in regards to whether or not I am okay with my domain name or if I should be thinking of a more unique name for this company.

 

[quincy]

What is the name of your state (only U.S. law)? US Law

I recently registered a domain that deals with a color and a particular facet of cloud computing. (For example, lets use the fictional domain name ColorCloud.com/net/etc) The domain is not configured currently to any website. After doing some research, I ran into a prominent website hosting service that calls themselves (let's use the fictional example ColorHost) that does NOT offer any cloud services whatsoever.

Replace the word color with any color in the rainbow. Although the two services are within the Information Technology sector, they are vastly different. Website hosting is completely different than my cloud services integration startup business. I am reaching out to experts on this field in regards to whether or not I am okay with my domain name or if I should be thinking of a more unique name for this company.

It is always best to be unique.

A domain name is only an internet address and there are many domain names existing that are similar. If a domain name does not use a famous trademarked name or a trademarked name that creates confusion among consumers, there is generally nothing that prevents someone from using a similar name to direct traffic to their internet site.

This is not to say that someone with a similar domain name won't object, though, if they feel your internet address intrudes in any way on territory they believe is their own. If they believe or can show that your domain name directs internet traffic intended for them to your site instead, you could find a domain dispute in your future.

And it is certainly possible for a trademarked PurpleHost to think that your trademarked PurpleCloud is too close to their name for comfort, especially if you both offer information technology services.

That is why unique names are best. The risks of irritating someone into a lawsuit are greatly reduced. But, if you are fond of the domain name you registered, you can have the actual names and websites involved personally reviewed by an attorney in your area for an assessment.

 

[FlyingRon]

First off, this is one of the areas that I disagree with quincy about. The first is his terminology. The domain name is a name just like the name of a book or a store or anything else. It indeed can be a trademark on it's own if used as a brand or it can embody a trademark, or both. It is not necessarily a generic address. Further the term internet address has a defined meaning for something else than how he uses it here. Internet address is a number that is used behind the scenes to identify the computer on the network.

Cybersquatting is a very specific term that only applies to the UDRP procedure for resolving domain name complaints. Unfortunately that isn't ruled by any sane rule of law, but essentially says you can't obtain a domain in bad faith that is or is similar enough to someone else's trademark or corporate name. The problem is that the resolution is done by arbitration bodies who aren't exactly consistent.

So the real issue is do you have a trademark (that is either the domain name or something it includes) or a corporate name that matches your domain. If you do, then you're not really cybersquatting and probably can win. The problem is that trademarks may be tied to a market space where domain names are universal. Ford (the car) and Ford (the modeling agency) for example are in different market space. Their trademarks coexist because one doesn't infringe on the other. However, there can only be one "ford.com" (and the car folk have this). Ford picks FordModels.com instead. There can also geographic distinctions as well. JoesPlumbing in Peoria is not going to infringe on JoesPlumbing in Poughkeepsie.

However, in your case, as Quincy does point out, cloud services and non-cloud web services very much do overlap. PurpleCloud and PurpleWeb do appear to have the illusion of confusion that they may be the same people. Trademark rights arise from use in commerce. While intent allows you to apply for registration, it's not going to help you if there's already someone using the mark.

Again as Quincy points out, you can risk confusion, and an infrignement complaints or you can bite the bullet and come up with something different. Frankly if you're really talking about colors in your cloud, you might try something else. It's kind of already being overworked. Microsoft has called there's Azure since before people knew what cloud was. IBM is calling there's Blue. If push comes to shove, this should be interesting. While IBM is a relative latecomer to cloud services, they've been "blue" colloquially for a long time.

 

[quincy]

First off, this is one of the areas that I disagree with quincy about. The first is his terminology. The domain name is a name just like the name of a book or a store or anything else. It indeed can be a trademark on it's own if used as a brand or it can embody a trademark, or both. It is not necessarily a generic address. Further the term internet address has a defined meaning for something else than how he uses it here. Internet address is a number that is used behind the scenes to identify the computer on the network. ...

We do appear to disagree on this a lot, don't we?

That said, I don't really think we are disagreeing as much as saying the same thing in a different way (with me using terminology that you apparently don't like all that much ). We are agreeing that domain names have no trademark protection on their own. The name must be connected with a business, goods or services ("used as a brand or it can embody a trademark").

I like and agree with everything else you wrote. You explained it well.