business license using domain name?

[Abbadox]

I would like to know if this is allowed (legal)

Say I have a domain name : citynametypeofservice.com

and wish to get a business license dba: citynametypeofservice.com

if someone already has a business dba: citynametypeofservice without the .com

can I get the license if the other business owner does not have the name trademarked?.

 

[south]

Depends on the state laws I would think as to whether or not you *could*. Should you? Probably not. You may be in ofr a court battle.

Perhaps incorporate the name, citynametypeofserviceinc.com ?

 

[Domagon]

A business name is not automatically a TM nor vice-versa.

However, if the business name is clearly used in commerce, such as shown on signs, in advertising, etc then it's likely a common law trademark. However, that doesn't mean it's safe to use if others are using the same / similar name in the same marketplace for the same type of goods.

With all that said, many state / county business registration authorities permit DBA duplicate names; often don't even check.

If you choose to incorporate, then you may face a problem because most, if not all, state registries check names, and typically don't allow duplicates / similar sounding names within their registry.

Note that name checking is done at the state level - there is no federal corporation registry; it's important for corporations to indicate both their corporate name and their state of incorporation on contacts, etc.

I'm sure one of the attorneys here can provide a better, more concise response ... but hope this helps nevertheless in answering your questions.

Ron

 

[flamewalker]

If you want to be on the safe side, find another name. If you want auburnISP,com, and they are AuburnISP but no registered tm, doesn't mean they don't have one and if you are going to well... use it for an internet service provider in Auburn, well you could be cruising for a bruising.

 

[Abbadox]

Here is a better explanation of what I am thinking of doing,

I have a domain name citynametypeofservice.com and their a local business that calls themself (dba) citynametypeofservice (no dot com) and I would like to get a business license with the domain name citynametypeofservice.com

The local business has no trademark on the name and I am not even sure if they would be allowed to get one.

My question is can I do this legally and is it a good idea or not?.

The reason I wish to do this is I feel it would bring customers to me by using the same name as my domain instead of having a business name: acme with a domain name citynametypeofservice.com ?

I really appreciate any help?, even if you cannot answer the question directly but can steer me in the right direction?..

THANKS!!!

 

[Domagon]

How does having a business license / dba get your domain traffic?

Or do you actually live in the "cityname" and already have an existing business doing "typeofservice"...?

In regards to TM law, a business license / dba alone generally means nothing.

To digress a bit, often people in questionable businesses will get a business license in the mistaken belief that it implys their business is legal. A business license merely permits one to operate a business - it doesn't legally mean one actually can.

Ron

 

[Abbadox]

I have a small business that I do part time providing a home improvement service and have just spent a small fortune buying the domain name and would like to use it as my business name.

 

[flamewalker]

Honestly, I would be extremely shocked and awed at the local authorities' idiocy if they even let you set up you business name as such since there is already a business of the same name (the .com doesn't matter to them... the 'meat' of the name is the name without the .com).

I am sorry you spent a lot of money to get the name when there is already a business local to you under the same name... I am afraid you will be SOL on the front of naming your business as the same as your domain.

Word to the wise... if you want to buy a domain and use it for your local business... make sure there isn't an existing business by that name!

 

[Domagon]

I have a small business that I do part time providing a home improvement service and have just spent a small fortune buying the domain name and would like to use it as my business name.

Legally it's likely ok, but just because something is legal doesn't mean it's a good idea.

Some concerns...

* some people who hear about your site will confuse it with the current business and hire them instead of you.

* some people who see the name may get the impression your business is fly-by-night; just a website someone put up.

* confusion with the current business, especially if it's well established, will get you on the crap list fast - that may hurt you in getting work, especially if you live in a relative small city.

Here's what I suggest:

1. Come up with a unique name for your business ... ie. John Smith Home Repair or whatever.

2. Get the business license / dba using that unique name.

3. Keep the domain and put that under your business name on signs, advertising, etc much like one would do with a phone number.

Assuming the domain name is as generic as you say, the above, in my view, is a viable solution.

Ron

Honestly, I would be extremely shocked and awed at the local authorities' idiocy if they even let you set up you business name as such since there is already a business of the same name (the .com doesn't matter to them... the 'meat' of the name is the name without the .com).

Be shocked, because many licensing authorities will! They don't check / simply don't care.

I am sorry you spent a lot of money to get the name when there is already a business local to you under the same name... I am afraid you will be SOL on the front of naming your business as the same as your domain.

The domain is highly generic referring to a geographical location where he physically is doing work and to a type of work he actually performs. It's not a clear-cut SOL situation ... far from it.

Word to the wise... if you want to buy a domain and use it for your local business... make sure there isn't an existing business by that name!

Overall a good suggestion. However, when it comes to a highly generic domain, especially one in which the registrant has legitimate rights, such as the OP appears to, it may be permissable for them to acquire the domain, at least for limited use, regardless of another business having a the same/similar name.

Ron

 

[flamewalker]

Well after checking locally, you are correct they do not check... it is up to you to check, which either the OP did, and didn't care, or didn't know he was supposed to.

The problem is if he tries to register that as a business name, the other business can and likely will challenge it and will be able to have it dismissed. Then he will be out the money spent to set up the business name.

I think your idea of using the name as the website rather than the business name is a valid idea, and he isn't infringing on the other businesses name. If they are jerks, they may still try to UDRP since you are doing the same thing as them...I don't know how much if any of a claim they would have but that wouldn't stop them from trying. There would definitely be risk of confusion, and that could be used against you if they did go that route.

If I were the other business owner and you came in and set up your business as the same name as mine (just with .com tagged on it), I would believe you are attempting to steal customers and cause fud (fear, uncertainty, doubt), and to confuse people about who is who. I would certainly go after you on those grounds.

SO, IMHO, my advice would be to get another domain and business name that isn't taken/being used, or take Domagon's advice.

... and hope for the best.

 

[Abbadox]

1. Come up with a unique name for your business ... ie. John Smith Home Repair or whatever.

2. Get the business license / dba using that unique name.

3. Keep the domain and put that under your business name on signs, advertising, etc much like one would do with a phone number.

The domain I purchased is a very highly searched phrase so I am just going to use it to generate traffic to my site and pick a more generic name for the actual business.

 

[flamewalker]

sounds like a good idea to me... redirect the traffic to your own site. Then, there is even less likelihood of them getting mad at you

 

[Theo]

Most states are switching over to a unique dba model; at least, Florida recently changed the requirements.

 

[Raider]

The first thing you need to do in order to get a business license, (at least here in California) is to get your factious name statement, To get this you need to visit the County office and research the database, and hope the name is not taken for the same type of business. Once you have your FNS, The city where your business is located will issue the license, no problem.

One another note; Recently, the banks here in California are now required to obtain business licenses from customers with DBA accounts, You cant open a DBA account anymore with just a factious name statement.

My spell check messed me up, I meant Fictitious name statement.