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trademarks... how close can you go?

findtim

Top Contributor
i have a domain that is 2 word generic, but the first word seems to be trademarked ( which i do not know HOW they managed that )

anyway, i also have exclusive rights to sell their product in a shop in an area of australia but also rights to sell online because i have a bricks and mortar.

the logo is a VERY common font, many people use it for other words
there is no special colour eg: coca cola red

i would find it VERY easy to build an ecom store that would/could be considered to BE from the company and thus considered misrepresentation.

BUT all i want to do is SELL thier product and their product only.

so say my domain is dubbosoap DCA and they trade online as dubbobeautyproducts DCA, i purchased the domain after they purchased theirs MEANING they didn't want it.

i am ONLY selling the soap.

SO, do i go with a site that could look as an authority or do i dumb it down?

there are other sites out there doing similar and i asked the national sales manager recently about these sites and he said " we have no control over what they do " , he then said " hang on i'll get the australasia sales manager" and he asked him whilst i stood there and that guy replied " there is nothing we can do " , which i found a weird answer so once he said that i decided not to tell him my plans either.

thoughts? either way its in development, its just how close i get to "being" them.

would a disclaimer in the footer help?

tim
 

findtim

Top Contributor
thanks CM, in this case the word is not like "holden" or "bmw" its more like "lipstick" or " hat" or " fireman" VERY generic.

my domain name will NOT be in dispute, i would say its almost impossible for this to happen, added to that the sole purpose of the site is to also make them money as we have to buy from them the product ( well actually we don't but we will be )

the other people in the online space are not buying the product from them but they don't care as initially they had to sell it to someone so that someone is the one that is losing money.

once it is online i will let you all know what it is, but i have to keep my cards close right now.

i've been thinking today and i think i will continue my vision for the site and see what happens, after all i am SELLING their product and buying from them.

it will be interesting to see how long it takes for them to notice? maybe when i outrank their own website :D

tim
PS: they do not do ANY online sales, nor want to
 

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