Using a brand and UK domain if used in USA

ClarkeKent

I am looking an trying to find a website and brand for a web development business. I have found a great name, with the UK domains available.

But have found a small 6 man Silicon Valley firm is called and uses the .com?

Can I use the brand in the UK and co.uk domain without issues?

paddyrg

You're probably fine as long as you're not pretending to be them, have different logos, etc.

bearcat16

If they think there's any danger of you being confused with them, they could raise a dispute.

Personally, I would never use a domain that I could not get both the .com and .co.uk for.

In my opinion, people often forget whether it's .com or .co.uk and just type either. If they get it wrong, some people will have another try but some will just give up and you've then lost that visitor/sales lead. Why do that when it can be avoided by simply having both domains?

Again, just my opinion.

pooch

ClarkeKent wrote: »

I am looking an trying to find a website and brand for a web development business. I have found a great name, with the UK domains available.

But have found a small 6 man Silicon Valley firm is called and uses the .com?

Can I use the brand in the UK and co.uk domain without issues?

Is there any indication that this other business have taken steps to try and protect their brand name? e.g. registered it as a trademark?

Anyway, as you imply you will be competeing in a similar field, then there is a remote possibility that the US business will still pursue you if you use their name for "passing off"
(Depends how much money they've got and whether they, like the stereo-American image, deek to sue everyone they can)

Probably of more concern should be the fact you may spend time, money & effort developing your own website and promoting it, only for it to be taken away from you if they challenge it.
(this would be a lot easier as they only need to convince Nominet)

I would suggest in the circumstances, and to avoid possible future jeopardy to your own business, choose a new, different name whilst you easily can

Double_V

As long as their name is not registered/patent.
And you don't sell same items.

Then you should be fine.

But personally I would avoid this. Americans love suing companies.

martindow

Double_V wrote: »

As long as their name is not registered/patent.
And you don't sell same items.

Then you should be fine.

But personally I would avoid this. Americans love suing companies.

or sending cease and desist letters. There is no knowing whether these are idle threats or not.

I agree with the general opinion that you want a unique name and website with .com and .co.uk domains available. There would be nothing worse than starting up, seeing some success and then having to change your brand and business name.

rhysadams

If the guy is based in the Silicon Valley, something tells me he may have the money to register his trademark in the UK also. But have a quick look on the IFO website. Try and get a unique business name if you can, it will help in the future.