How Similar Can a Company Name Be Without Infringement

I came up with an idea for a company a few years ago, which I hadn't been able to start due to life circumstances. Now I find out someone beat me to the punch on the idea, with a similar name and everything.

Now I have to reinvent the idea for my company, which sucks because I really love the name. And the difference is simple yet distinguishable.

For example, how does MySpace.com and Space.com exist without infringing on each other? Because that "My" is the same difference in names between this company and the one I wanted to start.

I've searched the Trademark database and turned up no results.

I know the best thing would be to come up with an entirely new name but I'm curious.

Go to any of the website registration company websites and do a WhoIs lookup of the name you want to use. If it not taken then you can register it. If the name is registered, it may be up for sale. There is a whole industry of registering website domain names and placing them on the open market for sale.

MySpace.com is not the same as MySpace.org or any other domain suffix. If there is no trade name registration for the name so much the better. But that doesn't mean that one day you will not get a cease and desist letter.

There is no way anybody is going to be able to tell you that your similar name is okay without the specifics of the competing name(s), whether they're registered trademarks, what overlap exists between your operations, and similar information.

If you cannot understand how there can be a site called "space.com" that does not violate the trademark of "MySpace", you need to find yourself a very basic level book on trademark law and start reading.

Whether or not every permutation of a trademark is associated with an existing domain name registration is completely irrelevant to the question of whether a new domain name that includes a trademark would violate the mark.

Op said,

Quote:

---

I've searched the Trademark database and turned up no results

---

.

Here you go.

http://www.space.com/

https://myspace.com/

There is no overlap as to the market here. We don't know about OP's market but there is no infringement if they are not in the same market.

And I did say that OP may someday get a C&D letter (assuming they are in the same market).

Those two sites were given as examples, and have nothing to do with the actual brands or marks at issue save for the use of the word "my" in one of the names.

I understand that Mr. K. The question was does the simple word, or omission of the word 'my', infringe on someone else's domain name. And the answer is NO.

And then you post in another thread which seems like a contradiction to what you posted here.

http://www.expertlaw.com/forums/showthread.php?t=178082

If they have an enforceable trademark, it most certainly can. You can have an enforceable trademark even if it's not a federally registered trademark.

That is why I said he may someday be on the receiving end of a C&D letter. I think we can agree to that. But he can register any domain name that is not already registered.

Quote:

---

Quoting budwad

---

That is why I said he may someday be on the receiving end of a C&D letter. I think we can agree to that. But he can register any domain name that is not already registered.

---

I believe the OP's intent is to also use the name as their trademark. He should research this more thoroughly than if he were only registering the domain name and not using it as his TM.