My partner just did a search and found out that XYZhosting.com is in the building stages. (XYZhost is not the actual domain name, but this just gives you an idea of what the relationship between the two names is).

So I am really attached to my domain name and don't want to give it up. On the other hand, confusion over there being another hosting company named so similarly would be a bad thing. I don't have the resources to approach him about buying his domain name, since my assumption is that someone when approached like that is going to put a ridiculous price on the name.

Thoughts, suggestions?

If XYZhosting.com is not selling hosting, I wouldn't envision a problem with you starting hosting on XYZhost.com

They are going to be a hosting company, that's the issue.

"Going to be" isn't.

You might want to make sure that XYZ isn't trademarked is all.

Other than that, if you're selling hosting as XYZhost.com before XYZhosting.com is selling hosting, I still don't see a problem.

But, I ain't a lawyer. :pimp:

Well, we've had an ongoing attempt to buy the 'ing.com' version of our domain for years. Fortunately, we both started using our respective domains at about the same time...so we've both been cordial to one another about our annoyances. Yes, we get tech support tickets from their customers and we lose sales to them when someone recommends 'ing.com' inadvertantly, because they love our services.

If there is another domain, if I were you, I would choose something else.

--Tina

SR, they are actually likely to beat me in terms of getting their site up first, even though I've had this domain for about a year. They already have a template-monster looking thing up, though I on the other hand am going to build my site by hand so it will take longer.

I aggree Tina, and I am thinking about it... it's just that I LOOOOVE the domain name and it took me months to locate and grab it once it was available. I'm thinking of emailing the ing.com people and letting them know that we are building a site at our domain name. I've done some research on the other company and they have about 5 fake-ish (saying they have been in business since 1994, though hopefully that is just a placeholder) websites to their name already. Maybe they have other domains that they would consider using, where in my circumstance, I'm already somewhat tied to the one I have in terms of potential site design and marketing ideas, etc.

It certainly can't hurt to ask them... but I would bet they're not going to change.

Basically it's going to come down to who gets "to market" first. If they are up and actively marketing, selling and building brand recognition before you, then you'll probably be out of luck. Whoever makes it to market first (and is actively investing in the brand) is going to essentially get this trademark (even though it won't be "registered" it is still enforcable.

Make sure the name isn't trademarked.

Originally posted by morphinelips
SR, they are actually likely to beat me in terms of getting their site up first, even though I've had this domain for about a year. They already have a template-monster looking thing up, though I on the other hand am going to build my site by hand so it will take longer.

I agree Tina, and I am thinking about it... it's just that I LOOOOVE the domain name and it took me months to locate and grab it once it was available. I'm thinking of emailing the ing.com people and letting them know that we are building a site at our domain name. I've done some research on the other company and they have about 5 fake-ish (saying they have been in business since 1994, though hopefully that is just a placeholder) websites to their name already. Maybe they have other domains that they would consider using, where in my circumstance, I'm already somewhat tied to the one I have in terms of potential site design and marketing ideas, etc.

Trademark the name of XYZ, which costs $300 for a national trademark, and you can do it yourself over the net, then once that’s completed, I would ask the host where they plan on taking the company, etc. But mainly once you have completed the national trademark, you have the rights to charge them to use the domain name if its similar to yours and you registered it first.. IF I am not mistaken, the ball will be in your hands at that time. I know for a fact that the cost is $300, since i have one, and i do know you can charge people to use your name, I just don’t know the in's and outs since this is the internet.

Great advice w33t, thanks. What site did you use for the trademark?

Check out the site: http://www.uspto.gov/ :)

Before rushing your $300 in for the trademark, make sure that it makes sense. I "think" that a trademark filed after a domain name was registered is limited in the amout or relief it can bring. Check with your attorney who will either provide a definitive answer or point you to someone who will.

I started in 1997 with 111111hosting.com (not 11111). 111111 is a niche community I had a kindship to and wanted to target. In early 1998 I noticed 111111hosting.org that not only used my name but most of my copy. I paid almost $500 to get the name from they guy. Then he registered hosting11111.com but this time wrote his own copy. Use the same plans/pricing. . . but at least it was articulated in his own words.

Arount the same time, 111111host.com, 111111webhosting.com, 111111webhost.com. . .started up. Looking back now I can't believe how uninformed I was. Even at $70 per domain ($35x2yrs) I should have bought up every version of the name even close to mine. Over the years I've snagged several as their business has gone under.

What works for me today is the 2-5 tech support questions I answer for my competitors each week. I take time to answer every question, then point the customer to their "real" host. When their renewal comes up I get a fair share of them switching to me. I monitor losses, and so far, have only lost 3 clients since 1997 that went to one of these competitors.

For new companies, find a brandable name, then spend the extra bucks to buy up all the tld's and similar names. If you plan on building this for the long haul it will be well worth it.

Bob

if you plan on going through with this it will help a whole heap if you have some kind of niche over the other site (or in the hosting market in general). Plus a business plan, and all that other good stuff people will invariable chime in with fairly shortly.

Trademark the name, and you also could ask them, but I don't think they would change it.

Originally posted by blondy
Trademark the name, and you also could ask them, but I don't think they would change it.

I THINK if you registered the domain name before the other XYZ company, and you have a trademark you are 100% okay to ask them for either $, or to change names because this has caused an issue.