Stupid question . . . I know lawyers are the best source, but humor me. Why waste a lawyers time and my money if I am completely wrong.

There is a site I am working on. It will eventually be incorporated into a company. There are two .com domains that could identify this site. I have one of them and the other is owned by a place that want a lot of money for it. They aren't using the site for anything but a for sale sign.

The one I have is a shorter version of the company name, and the other one that is for sale is the longer name. If I went along and built the site and company and incorporated the name and then went to the point of maybe trademarking the name, do you think I would have to worry about other people buying that name and then going into a competing field thus creating confusion. Also, with all that would the sale page be like cybersquatting since there really is nothing there at all.

I am at a tough point where I don't know if I should keep the one domain and go forward or just scrap it and figure out a new name. Eventually I would hope I would be successful enough to afford to buy this name, but I just feel like its a risk building and waiting for it to expire and not be renewed or waiting until I have the cash to outright buy it.

I emailed asking if I could trade a bunch of my domains for it. The email back was completely rude, unprofessional and condecending. The guy is obviously just about the money. His email really made me feel like an amateur and that I really shouldn't be developing sites if I can't afford to pay him $1,000+ for the domain name. It really left me with a bad taste in my mouth, and after that, even if I had the money, I would have a hard time paying the guy for it because of the attitude in the email.

Any advice would be helpful. I am really tearing my hair out deciding if I should go ahead with the one domain I have or just ditch the name and think of a new one. Basically in my domain, a word is shortened compare to the other domain name.

As you said - a lawyer is the best person to ask. However, from this layman's point of view, if the company is incorporated, the name is actually trademarked then anyone using the name after this fact in a related field can face litigation and domain name dispute. If they go into an unrelated business it's not a problem.

Depending on how your currently owned name is 'shortened' it may actually work to your benefit.

Personally I'd incorporate, file the trademark, develope my site and then if the other domain is used inappropriately file a dispute. Of course keep an eye on it near espirey time incase they decide not to renew it.

Just my 2 cents (probably worht about a cent and a quarter) :)

(This is U.S. law -->) Technically, incorporating your business only gives you the legal right to do business in only the state where you incorporated. In other states you are supposed to pay fees and file an application to do business as a "foreign corporation." Like most legal topics, it's mildly confusing and revolves around each state's definition of whether your presence in that state has established a nexus in that state.

On a practical note, this is usually ignored in the normal course of business and only comes into play when another state (usually California or New York) thinks they can suck some tax revenue and fees out of your business.

But, I digress... my point is that incorporating is not a trademark application. Although the act of doing business under that name does grant you certain common-law rights under trademark law. A proper registered trademark application can be filed on a state level with your secretary of state, or more effectively, on a federal level, with the Patents and Trademark Office ---> www.USPTO.gov

HOWEVER... and you're not going to like this. Even with a solid Registered Trademark under your arm, to get the domain name away from this guy, you would have to file a UDRP with ICANN. And that will cost you more than what the guy wants outright to buy the domain name.

I know it may not seem fair... but sometimes you just have to put aside your pride and take it on the chin and pay. It's often just a cost of doing business.

You could, of course, just think of a different name. ;)

*** --- Like my other posts relating to legal matters, I am NOT an attorney and my post should not be relied on to make decisions or take actions. You should always consult with a licensed attorney competent to help you with these legal matters. ***

Yeah thats what i figured. I guess I just need to decide is it worth the risk or if it would just be easier to find another name.