Business name = generic meaning

[draggar]

Today I decided to get a domain for a site and not thinking anything that the .com was taken but the .org was available - I registered the .org (since it fit what I wanted to do anyway).

A little while later I decide to check on the .com and noticed what might be an issue. I'll use "healthy dogs" as an example (not the domain).

I got HealthyDogs.org and intend to use it as a site for people to keep their dogs healthy - and also how to breed healthy puppies (health certifications, etc.).

The owner of the .com is a breeder who breeds German Shepherds under the name "Healthy Dogs - German Shepherds"

A bit of an issue here - they are using the generic term as their business name but also for the purpose of their business (to a point).

Here is more information:
I am in the USA but the .com is not in the USA but caters to people in the USA (like people who want to import German Shepherds)

There is NO trademark for "Healthy Dogs" in the USA

HealthyDogs.com has been active since 2000

I don't think HealthyDogs.com is a well known business (I've never heard of them)

I already know that if I monetize "healthydogs.org" I will try to stay away from breeding and importing keywords and concentrate on health related ads and maybe even supplies.

I am 99% sure I won't have an issue since I do not think I am infringing on their business but I want to see if I can get that other 1% clear.

 

[hugegrowth]

You probably need legal advice, but check to see if the same term is used on other websites with a similar service.

For example, a lot of travel sites use the term "cheap travel" or "travel deals" on their websites or in their marketing. I don't think anyone could trademark those terms and have them removed from all travel sites, they are too generic.

 

[Johnn]

If your dog is bigger than their dog then you have nothing to worry about.

 

[Dave Zan]

If your dog is bigger than their dog then you have nothing to worry about.

Especially if yours bites more painfully, heh.

Kidding aside, what exactly is the .com/business owner using the terms for? I imagine it's to sell maybe vitamin supplements or health care products for German Shepherds from what little you shared, draggar, which is (arguably) a suggestive mark use. (kinds of trademarks like fanciful, arbitrary, suggestive, descriptive...)

Maybe as an example: Timelines.com has a TM registration for what's arguably the generic use of showing a timeline. Only the trademark for the term isn't exactly generic for a web site, something like that.

I too think this is something a lawyer is best suitable to be consulted for, especially for the actual term/s in question. It's really hard (if not impossible) to even remotely guess, and as realistically accurate as possible at that.

HTH somehow.

 

[svfox]

Lawyers are your best friend.