blonde poker forum

As many of you will know I'm setting up my own business/website at the moment.

I have a few potential names for the site in mind, however the best one has some issues that I can't seem to resolve.

It's very important that I'm the first mover in this market, so I really can't give anything away just yet but I don't think it's important to this question.

OK so say hypothetically the name I want to use is Banana Mail for an email website. However there exists a website in Sweden called The Banana Mail. This website is in the email sector, but nothing to do with my site, no overlapping ideas, content or anything really - just in the same sector.

This website has 100,000 users who use the site regularly. However the moderators and admins of the site are nowhere to be seen or contacted. The last bit of admin content was from 2010. Speaking to some regular users of the site they say

"Not sure you will get any answer really.
The administrators are not to be seen. The only one who did some admin work was xxxx from what I can remember, and he´s not been seen in 49 weeks in his acc.
the staff dont run this site anymore like they used to, and I am still suprised it´s still running"

Do you think I am OK to use the name "Banana Mail" with all this information?

My worry of course is that the owners of The Banana Mail will see my site doing well and then have something to say about it and I'll be in a legal pickle. I think it's very unlikely of course. But still, not something I ever want happening.

Is it against any rules to name it that anyway? Can they do anything about it?

Any help or insights much appreciated.

I'd go to a lawyer but I'll try here first and save a monkey or two!

if your business became very successful the other people would almost certainly come out of the woodwork and kick up a fuss. no idea if they can legally do anything lol

I seem to remember a case or cases in the past where big companies have blocked new sites starting with similar names, as it could be seen to be misleading.

Can't remember exact cases, sorry.

If you're business is based on the wholesale supply of Tar related building supplies for use in constructing casino card rooms then you could try "Pokers Tars" - although I think the website might be taken...

I've forwarded the question on to an solicitor pal of mine, I'll let you know what comes back..

This.

You'll be absolutely fine for ages. Your company could be a big success. Then one day, out of the blue, you'll get a letter from some lawyers saying 'Yo monies, dey be our monies' and it will be a huge, expensive ballache sorting it out

http://www.thetrainline.com/

http://trainline.com/


*shrugs*

Alex, are you going for the .co.uk version of the domain and focusing on UK traffic only?

As long as you aren't trying to pass-off as the other site and trade on their goodwill, then there's probably not an issue.  For example, there's an autotrader.com site in the US - nothing to do with the autotrader.co.uk site in the UK.

I have a friend who's a copyright lawyer, who'll be happy to chat to you for free to start with and give some advice.  You probably won't need anything beyond that.

Thanks boshi, I'd like to speak to him. It's the .co.uk version of the domain I have, and focusing on the UK to start with, but expanding further in years to come I'd hope.

@Beaver, yes do speak to him, look forward to hearing what he has to say.

Thanks everyone

I don't like the name 'Banana Mail' anyway. It sounds bent to me.

:D

Could also be some slip-ups down the road.

That's just splitting hairs.

Bunch of jokers on here.

There's plantain of those for sure.

Come on now guys, this sort of humour isn't very appeeling.

as you know i'm going through exactly the same thing atm!

It is very difficult to own the intellectual property of something when other people own urls/brands/companies with the same name.

Not impossible, but if your site www.bananamail.co.uk is extremely sucessful the owner of www.bananamail.com has a platform to make life difficult, my guy said to me "If you own the .com you don't have to worry too much about who has the .co.uk, but if you just own the .co.uk you should be wary of whoever has the .com" Also the .tv URL's are apparently very important ones for laying claim to the IP, although I have no idea why this is.

This - the .com is very important, I'd almost change name to orange mail to get he .com

Alex, you have a PM.