Domain Trade Mark Question...generic type .net

[BenK]

So, question about trademark stuff.

I coughed up 2k for a domain name and about 2k worth of content to put on that domain name.

It's a two word .net that would be considered a dictionary word....say something along the lines of "old cars" or "black children" or "exotic landscapes" or "etc. The bottom line is that it's a two word combo that you could find in the dictionary, a very generic name -- nothing like godaddy or something like that. Basically a general noun.

One of the top ranking sites in the niche, let's say, "blackchildren.com". On their site, they have a TM (trademark) symbol besides their name...i.e "BlackChildren.com TM"

I think the trade mark is for the whole name "blackchildren.com" no "black children". My site is blackchildren.net

What I don't want to see is a cease and desist letter coming from the .com, especially when I'll have thrown 5k into the website and hundreds of hours. Am I safe with my .net?

[benll]

I don't know if an Internet branch of law exists. Maybe media law. Since you have already invested money, consulting an Internet, media, or copyright attorney may be a good bet. Consultation can't be too expensive. It may be worth it to be safe.

[Tel]

Can you check if the .com version really has their name trademarked?

You never know with websites and some kid in his garage can start a company with a good looking website and add a TM by his name and people are impressed.

If it is, you could be at the mercy of the US legal system. I wouldn't want to be at the mercy of a legal system geared up to making claimants (and their lawyers) rich...

[BenK]

I did a search on the US trademark website for the domain and saw nothing. So I'm not sure why they have a TM there -- I didn't see it registered, but maybe I'm using the wrong search.

I think I'm covered, if they actually do have a legit TM on the .com. The world is super generic like "children" -- can you trade mark that name? The trademark laws are so iffy and there doesn't seem to be anything nailed down. The .com has the .org domain, but I own the .net

I'm sure they are probably not going to be happy with my 600-700 word beast of a site appear on the front page of the serps.

[Tel]

Ha! I bet they won't

Of course, once you've kicked their arse into second place (or lower if you can get a support site in there too), you could always offer to sell them some traffic via a nice expensive banner ad...

[BenK]

Lol, the problem is that the top site really offers some good information to people who really really need it. I almost feel bad about moving into the niche with BS information and clear intention to make a living off of people who are f***ed in life. But, money has no morals.

[DeMerchant]

I'm starting a trademark class in law school next week Ben or I'd be more help. From my basic understanding trademark law is basically a synonym for "passing off" so as long as a reasonable person wouldn't say "hey... 'blackchildren.net'... that much be from the same people as 'blackchildren.com' I think you're safe.