2 competitors with similar products and domain names

[Dave Zan]

Hi guys!

In another forum I visit, a person who's going to launch her upcoming chat
software product she developed has discovered a competitor via keyword
research in google. Her bad luck is the potential competitor's domain name is
practically the same as hers.

Note the following:

1. Both domains are 3 words each like chatchatxxx.com.
2. The first 2 words are literally the same, only the third word differentiates
them.
3. Both are practically in the same market, offering their respective products.
4. Let's assume PC (for Potential Competitor) has a trademark for chatchat, at
the very least.

Questions:

1. Although both are practically in the same field, can the lady prove a bona
fide use for her domain name?
2. If yes, how? Or what UDRP cases can she refer to?

This might be obvious to many of you. But not me, that's why I'm asking to be
sure.

She's actually open to the suggestion of getting a new one. But I'm hoping to
let her know her options if she can keep the current one.

I'm also posting this for the benefit of those who might ask the same or a
similar question to this.

I'm currently searching the other threads here. But it's a lot of material to
cover.

Any feedback is welcome, especially from the resident attorneys here.

 

[JEsports]

How far along is she in the developmental stage of her product? Is it a fact that the competitor owns copyright and/or trademark? If she's just starting on the product then its not worth the risk ... change the name of it. If she's put in tons of work in development, effort, and expenses already, then she needs to do the research on how to make it work as is. I can say that it will take anywhere from 4 to 6 months to get an official copyright ... and that is after you send in over 100 pages of code, screen shots, etc ...

 

[Dave Zan]

Thanks for your feedback, JESports. It's not the product she's worried about,
it's the domain name.

But if indeed the product matters, then the product's actually ready. She
just needs to develop the current name or get another and develop it, but
I'll ask her about the copyright part.

I'm just assuming a worst case scenario wherein the potential competitor has
a trademark for the first two words of their respective domain names. Mind
you, I'm assuming she's practically infringing on the mark, but somehow prove,
if possible, she has a legitimate or bona fide use for her domain name.

 

[JEsports]

Without knowing how much money she has put into purchasing this domain name and assuming that it wasn't too much ... I would take the safe route and find a different one. If the domain doesn't actually match the software product she is offering, then I would recommend using a domain that does, if not, then I am sure there are domains available with good keywords relating to her software product.