Expired business names...

[marketingweb]

Hi All,

I have a question that relates to using other people's expired business names....

Some background
My understanding of business names vs domain names etc (having looked into it quite extensively in the past) is that a business name is needed if you are "trading" as that business, including issuing invoices etc, or operating the business in any form as that name in the "offline" world.

The rules for online only businesses are that a registered business name is not needed if the business is "online only", which in effect allows any ABN holder to run multiple online "businesses" providing they invoice as either their main business name or their own name, using their ABN.

The Situation
I've recently registered a domain name that I plan to use for a specific shall we say "sub business", or in other words a specific service offered on a separate website to my main site. This business will only operate online, and all invoices will come under my primary registered business name and ABN. All good so far.

HOWEVER - I've just discovered that there is a FORMER/EXPIRED NSW Business name that is an exact match for this. The business still exists, but has now changed its name to something similar yet different (two word name, one word the same, one different). Both words are reasonably generic but not completely - ie it's a fairly generic sounding name, they have just broadened the scope of the business. There is defiantly no trademarks involved. The other business is however in the same town as me, further complicating things. The reason for the possibility of this odd co-incidence is the first word is a semi generic word used by many businesses in our local area.

The question
Does anyone know if I am infringing on anything by creating this site? Would I be best to change things now before I get started and cut my (very small) losses? Or does an expired business registration mean just that - it's expired and there is no claim to it any longer?

The domain name itself was hand registered, and I don't believe has every been registered before by this business or anyone else (but not 100% sure).


Hope someone can help
Matt

 

[Shane]

I found myself in a somewhat similar situation when I started my business. It didn't involve a previously expired business name, but it was a name that was in some ways similar to an existing business in the same industry.

I thought my name was sufficiently different, and a few people I consulted felt the same. In the back of my mind however, I did fear that one day this bigger company may have a crack at me.

Well, earlier this year I received the big nasty letter from this other company's solicitor stating that they were going to do this and that to me. Rather than have it drag through the courts, and probably kill my small company, I decided to take the pain and just rebrand my company.

In hindsight, I should have just started with a name that was completely in the clear, rather than risking it. I still think that my name was sufficiently different and would not confuse the general public, but who knows what a judge would have decided once it made it to court?

My new name is totally unique, but still uses a combination of generic words, and I'm currently going through the trademark process to protect myself.

Anyway, the moral of my story is that if this is a serious business you're building, just go with a name that you know is 100% safe, and save yourself the pain down the track!

 

[DomainNames]

Expired business names and expired trademarks etc should cause any new registrant little worry. The Auda Piolicy is fairly clear on this.

Also question them if the domain name was so important 1. why did they not register it before or 2. why did they not renew it .. they would have noticed for 30 days their website was not working wouldnt they?

Also note iof you register " generic" words you will have no problems even if they do have trademarks. In fact you can even have their trademark removed if you try and feel agrieved by any " reverse domain name hijacking" they attempt to get it from you

http://en.wikipedia.org/wiki/Reverse_domain_hijacking

http://www.internetnews.com/xSP/art...pon-Against-Reverse-Domain-Name-Hijacking.htm

http://www.google.com.au/search?hl=...cking&btnG=Search&aq=f&aqi=&aql=&oq=&gs_rfai=

We need the same $5000 fine against " reverse domain name hijacking" in Australia
http://cira.ca/assets/Documents/CDRPpolicy.pdf

“If the Registrant is successful, and the Registrant proves, on the balance of probabilities, that the Complaint was commenced by the Complainant for the purpose of attempting, unfairly and without colour of right, to cancel, or obtain a transfer of any Registration which is the subject of the Proceeding, then the Panel may order the Complainant to pay the Provider in trust for the Registrant an amount of up to five thousand dollars ($5000) to defray the costs incurred by the Registrant in preparing for, and filing material in the Proceeding. The Complainant will be ineligible to file another Complaint in respect or any Registration for any Provider until the amount owing is paid in full to the Provider”

 

[marketingweb]

Thanks for the replies guys.

Since i've already registered the domain name (before I was even aware of the other prior use of the name) I probably don't have anything to lose by letting it out there, and maybe someone has further opinion based on the specifics.

The facts.....

The domain name is borderhosting.com.au (I have a holding page up but that's it). I registered this domain in good faith, and it's substantially related to my business. I wasn't aware of any possible conflicts prior to registration.

The prior business name expired back in 2005. The business previously holding that name is now called "Border IT", however I don't believe they ever held the domain name.

While they previously did and may currently provide website hosting, I can't see any reference at all to this on their website.

Also worth noting is the word "Border" is used by probably 100's of businesses around the Albury/Wodonga area (border of Vic and NSW), so is definitely not unique.

There is no trademark issues involved here that I could find just business names & former business names.

Does anyone have any further advice? Also, if i brand my site as "Border Hosting", does this create any different rules or technicalities than if I brand it as "borderhosting.com.au"?

Matt