GoDaddy testimonials : Good idea to order GoDaddy?? Legal Issue in buying a domain

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What are the legal implications of buying to do SEO Hosting, when hostgator already owns and does something similar? Are the terms generic enough? Are there any legal domain experts here that can advise...

Comments (9)

They had started an application to register it as a tm claiming first use in commerce of 2007. It was abandoned in March 2009 (I didn't read further to see why).

They don't have the registered mark, but they may have legal rights because of the first use in commerce. I am not a lawyer.

But regardless, I think it would be FOOLISH to try to compete with them - they have the .com, an established reputation and a bigger advertising budget, they're more likely to get your traffic than vice-versa. Why look for trouble? If you want to compete with them, create your own brand...

Comment #1

The domain is for sale though, and going into seo hosting, I can't think of a better domain. I'm not planning on gaining more market share then them, but even having a small share of the market would work. In terms of promoting the site and having it listed in google for the "seo hosting" search term, it can't really be beat. Post added at 12:52 PM Previous post was at 12:46 PM Do you happen to have that article about the hostgator trade mark?..

Comment #2

I have a hard time not seeing this as a generic term. With the amount of domains the term is taken in, Google Results, and advertisers it is fairly generic.

But anyway, here is their TM. Trademark Electronic Search System (TESS).


Comment #3

I do not feel that this domain is at a high risk of TM issues tbh...

Comment #4

Thanks! I might make an offer on it then.. thanks again guys!..

Comment #5

I wouldn't feel insecure about running a site on this domain either. SEO Hosting is the title of an entire industry segment...

Comment #6

The TM was denied since it is descriptive. Here are some comments from the USPTO office (below). The USPTO link provided above times out as a security measure. To link to a TM, use the TARR Status page: Latest Status Info..

Comment #7

I'm really not sure why HostGator would have wasted their money trying to get a TM for this at all. They need to get new lawyers...

Comment #8

HostGator (along with some of the other hosts) are very big on trademarks as a way of getting rid of competition. I actually wound up making an offer on seohosting .net and .org but both wanted $x,xxx, so I just wound up buying which was surprisingly available. What's funny is that hostSEO .net was being sold for $x,xxx while was free. Go figure. I think people are going a little bit overboard with value's on SEO domains...

Comment #9

This question was taken from a support group/message board and re-posted here so others can learn from it.


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