Domain name and online stores at Etsy / Redbubble

[artwork]

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

I am interested in registering a domain name which is a 2 word name (e.g. "creative shirts") and start a business by creating a website on it. However, I noticed that there are few stores using that name on Etsy and Redbubble type of sites. Though they are very small stores (not sure even if they got any sales), should I be worried in starting a business with same name keeping it as my brand? Note that both the words are generic dictionary words (creative and shirts).

Thanks!

 

[LdiJ]

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

I am interested in registering a domain name which is a 2 word name (e.g. "creative shirts") and start a business by creating a website on it. However, I noticed that there are few stores using that name on Etsy and Redbubble type of sites. Though they are very small stores (not sure even if they got any sales), should I be worried in starting a business with same name keeping it as my brand? Note that both the words are generic dictionary words (creative and shirts).

Thanks!

You really need a unique name if you wish to avoid any long term problems.

 

[artwork]

You really need a unique name if you wish to avoid any long term problems.

Does that mean if there's a store on Etsy with name "Creative Shirts", there's no point in registering and starting a business under creativeshirts .com?
(creativeshirts is just used as an example here)

All the generic brand names should be taken by now if that's the case.

 

[quincy]

Does that mean if there's a store on Etsy with name "Creative Shirts", there's no point in registering and starting a business under creativeshirts .com?
(creativeshirts is just used as an example here)

All the generic brand names should be taken by now if that's the case.

Domain names are not the same as trademarks. A domain name may be available to register for your web address even when the name you want to use in the domain name is in use by another as an identifier (trademark) for a business and its goods/services.

Trademark rights are acquired through the use of a name in commerce to identify the goods/services being marketed. The trademark distinguishes one company's goods and services from those of all others. For example, if everyone named their clothing goods "Creative Shirts," a consumer would not be able to tell one company's clothing items from the other Creative Shirts companies clothing items.

Trademark law centers on consumer confusion. If your use of a name is the same as or similar to another's name, and consumers are unable to determine the origin of the goods because of this sameness/similarity, the original trademark holder (in the US, this will generally be the first to use the name/trademark in commerce) can either send a cease and desist letter, a demand letter and/or sue the other user of the mark for trademark infringement.

As LdiJ said, if you know a name is in use by another company, you would be smart to choose a name that is unique to you alone - as an identifier for your goods (your trademark) and to use in your domain name (your web address).

 

[artwork]

Domain names are not the same as trademarks. A domain name may be available to register for your web address even when the name you want to use in the domain name is in use by another as an identifier (trademark) for a business and its goods/services.

Trademark rights are acquired through the use of a name in commerce to identify the goods/services being marketed. The trademark distinguishes one company's goods and services from those of all others. For example, if everyone named their clothing goods "Creative Shirts," a consumer would not be able to tell one company's clothing items from the other Creative Shirts companies clothing items.

Trademark law centers on consumer confusion. If your use of a name is the same as or similar to another's name, and consumers are unable to determine the origin of the goods because of this sameness/similarity, the original trademark holder (in the US, this will generally be the first to use the name/trademark in commerce) can either send a cease and desist letter, a demand letter and/or sue the other user of the mark for trademark infringement.

As LdiJ said, if you know a name is in use by another company, you would be smart to choose a name that is unique to you alone - as an identifier for your goods (your trademark) and to use in your domain name (your web address).

Thanks quincy and LdiJ, it's clear to me now

 

[quincy]

Thanks quincy and LdiJ, it's clear to me now

Good.

We appreciate the thanks.