Trademark Same website name.

[kelsey720]

Hello,

If I were wanting to create a website with the name "X.ca" and another website also has the same name but with "X.com" am I able to legally use this name? "X.com" is owned by a business who has "Copyright © 2002 - 2010 Corporation Name, Inc All rights reserved." at the bottom of their home page. I want to register a different corporation name but use the "X.ca". The site looks completely different but we both sell the same type of products. Any advice would be appreciated? Am I infringing on copyright issues?

Thanks,
Kelsey

 

[Michael Wechsler]

Your issue has to do with trademark, not copyright. Everything concerns the domain name - is it a word? Is it a common group of words like "greatcandy" or the like? Is it a fanciful name or combination of slang, e.g. "candyrama" or "candelicious" or something similar. Much will revolve around (a) whether there is a likelihood of confusion between your businesses (and it seems this is likely) and, (b) whether there is a trademark registered in your country, and (c) where you intend to do business or have done business. A business could operate in Canada and another in the US, each with their own trademark protecting their respective areas. The answer is not that simple and is completely fact specific.