Same Business Name with Similar Domain

[Scott7]

Two days ago a website launched with a similar domain name to mine and using the exact same business name that I use. Both domains are .com and both operate in the same industry. I own the one that is an exact match for the business name. I do not have a trademark on the business name, however, I have had it registered in Victoria since 1997.

What course of action should I take to protect my business name?

 

[Data Glasses]

Is it worth spending money and time on legals ? If you have the exact match perhaps you will benefit by getting bleed traffic? If the name is generic it may be not much can be done .....keep us updated

 

[Erwin]

The only way to protect your name is to register it as a ™ in the class of goods and or services to yours. A business name only allows you to trade under that name.
You mention "I own the one that is an exact match for the business name" by this you mean you own the .com.au version?

 

[Scott7]

You mention "I own the one that is an exact match for the business name" by this you mean you own the .com.au version?

I own the .com
The guy using the same business name and a similar .com domain is based in the USA.

 

[Erwin]

If you're serious about your business asset I'd ™ it through ipaustralia. Have you checked if they registered the name in the US? (uspto.gov)

 

[Scott7]

Have you checked if they registered the name in the US? (uspto.gov)

Thanks photoman. I appreciate your replies.
The name is not registered in the US. If I do™ it through ipaustralia, do you know if it will still be an expensive process to stop the other party using my business name?

 

[Scott7]

Is it worth spending money and time on legals ?

I'm not sure, Spacey. I suppose it depends how expensive it is likely to be. I think you're right about the traffic bleed.

If the name is generic it may be not much can be done

The domain consists of two words, a brand name followed by a generic word. The other guys domain has the same brand name followed by a similar generic word, while his business name uses the exact same words as my domain and business.

 

[segator]

Scott7,
From experience you need to contact Erhan from CooperMills a sponsor here at DNTrade for advise.
Level 4, 459 Little Collins Street, Melbourne VIC 3000 Australia
T: +61 (03) 9866 8850

 

[Erwin]

You may be able to do it all yourself ipaustralia has a self filing service. From memory around $300 per class, but don't quote me on that. Best advise it to visit their site, & do some reading 1st. Do think about filing a ™ though.
What business are you in?

 

[Scott7]

What business are you in?

Publishing.

 

[snoopy]

Wouldn't spend a cent on it. This kind of thing happens all the time and unless they are trying to interfere with your business I'd chalk it up to being a big wide world.

I don't know that there is any such thing as "protecting your business name" from what I know of. It used to be the case the case that people could register the exact same name as each other in different states of Australia, let alone someone overseas. Not sure if it still like that with ASIC taking over, but people often have the same business name.

 

[Scott7]

Thanks for your advice, Snoopy.

 

[eBranding.com.au]

It used to be the case the case that people could register the exact same name as each other in different states of Australia, let alone someone overseas. Not sure if it still like that with ASIC taking over, but people often have the same business name.

No longer the case

 

[Erwin]

just to add on that, businesses who operate under identical names in different states of Australia may continue to trade under that name, as long as the name is current.

 

[eBranding.com.au]

just to add on that, businesses who operate under identical names in different states of Australia may continue to trade under that name, as long as the name is current.

Yep, for those names in place prior to commencement of the national business name service.

As an aside, these are the tests that they apply to determine if a business name is available for registration:
http://asic.gov.au/for-business/reg...vailability/business-name-availability-tests/

 

[findtim]

a waste of money to try and stop them as its a .com IMO.
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story:
with now asic they have many businesses who have the same name and snoopy's right different state same name use to available, first to grab the domain was the big one !
i have a business name in qld when i was in qld, then i moved to vic and thought the right thing was to register it in vic but they wouldn't let me because it was to close to another persons business name !!!!, in that moment my qld expired and i tried to rereg my qld and they said no ? as it was to close to someone elses business name? it took a long time beofre i found someone that would listen to me as i had had the name for years to finally rereg the name BUT at my parents address in qld.
now, it just doesn't matter, and asic are mostly hopeless, i posted before CHECK your business name regos as asic haven't been sending out reminders.
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.com / similar name / no trademark.................. move on

tim