Business name too risky for new business?

[petermeadit]

Hello I got an interesting one...

So my client want to start a new business, he already has a domain.

(I will use fake names here)

... Business is called Sell Fridge with the domain sellfridge com au and then he wants to register the business.

So he checks ASIC and finds someone already has the registered business name Sell Fridge and a parked domain of mysellfridge com au

So my client goes for a business name of Selling Fridges and still uses the same domain sellfridge com au

So my client is worried that at some stage later there could be repercussions, in particular because his domain name is sellfridge com au and his compeditor is using the sellfridge com au

The two business are not directly competing in the exact same industry. I mean say one is Selling Fridges and the other is providing Fridge wholesale spare parts.

My advice to him was to see if there are any trademarks that he may be infringing upon.

Does that make sense?

My question is does this sound too risky for him to invest his new business and branding etc?

Or are the two business and domains different enough for there to be no risk?

TIA for any insight on this topic.

 

[findtim]

i have a client for the past 10 years that gets a solicitors letter every year to stop trading, but they are in victoria and my client is in northern nsw. so they throw the letter in the bin each year and never hear any more till next year.

research "passing off" laws, that will give you the answer.

trademark: they always say "dove soap" v "dove chocolate", there is no case.

the fact is if someone wants to sue you they can. its what you do next that matters.

tim

 

[Cooper Mills DomainLawyer]

Peter there are a lot of variables here. It is best that your client get legal advice from a lawyer who focuses on trademarks and domain names, as there are a number of other questions that would need to be answered in order to give someone specific advice about this situation

 

[petermeadit]

Thanks both for the advice. My client does not want any risk, so he is going to forget the whole idea and start another business that has a bit more room to move..

 

[chris]

Thanks both for the advice. My client does not want any risk, so he is going to forget the whole idea and start another business that has a bit more room to move..

Good idea I think, it sounded too similar for my liking.

 

[snoopy]

I think the main problem is the plural in the business name and singular domain. It is a clumsy foundation aside from any legal issues.