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Richard
Richard, Attorney
Category: Business Law
Satisfied Customers: 53982
Experience:  32 years of experience practicing law and a businessman.
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My new fantasy sports company has found and purchased a domain

Resolved Question:

My new fantasy sports company has found and purchased a domain name that we're all happy with, but there is some concern since there's another site with a very similar name. Our desired domain name is XXXXX XXXXX there's an existing site based in Israel that seems to be a soccer sports betting theory site. It's www.sportsdonkey.com. Looking at its site stats, it seems to be very small with very little traffic, and has nothing to do with fantasy sports.

My business partner is very concerned that we'd be asking for trouble using sportsdonkeys.com because of this other site. I'm probably in the wrong, but I don't see an issue with this since we are not intentionally cybersquatting or attempting to extort the other site for money

Are we at risk if we build a fantasy sports based site with our intended domain name?
Submitted: 5 years ago.
Category: Business Law
Expert:  Richard replied 5 years ago.

Good morning. Your business partner is right on this issue. This is one of those issues that needs to be taken care of now before you become really successful. The names are XXXXX XXXXX similar...regardless of whether your business models overlap...and they have it first. You can probably purchase this name from them now or get consent now without too much difficulty, but if you wait until you are really successful, then they can pretty much hold you hostage because at that point your name is XXXXX XXXXX you and they have the right to it.

 

 

I hope this has given you the guidance you were seeking. I wish you the best of luck!

 

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The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

Customer: replied 5 years ago.
Thanks for the original answer. I have a follow-up question, if you don't mind.

What constitutes "similar enough" to an existing website name to cause potential trademark issues. I completely understand that pluralizing a name is XXXXX XXXXX but what's the threshold?

For example, let's say somebody chose the domain name fanbagger as a play-on-words with sandbagger. But then later, someone else want to play with the word sandbagger as well, and chose the domain fandbagger.

Is the 2nd person exposed to trademark issues?
Thanks for your help
Expert:  Richard replied 5 years ago.

There is no black and white test...it's whether a reasonable person would confuse the two. It's a fact question for the jury. In your example, the answer would be yes.

 

I would appreciate it if you would please click the GREEN ACCEPT button so that I receive credit for my work; otherwise, though you have made a deposit, I do not receive credit.

 

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