What name do you like the most out of these 2

[juicy97]

I'm not even sure why you would want to use that domain now after learning that there is already a supplier up & running with a name that is so similar. You would have to potential to lose a lot of traffic due to a tiny error. Unless you're trying to GAIN a ton of traffic due to that very same error.

 

[OutWest]

Is altsmoker a trade mark? Costs a few bob getting a trade mark I think.

In the U.S. there are two types of trademarks - registered trademarks and common law trademarks. A registered trademark is denoted by the (R) and means that it has been registered with the federal government and cannot be used by anyone else in the United States or U.S. territories. A common law trademark (denoted by TM) goes into effect the moment you begin using it, but instead of being at the federal level, it's at the state level (trademark is in effect only in states you're doing business in and only enforceable against someone else doing business in one of those states - note: being physically located in the state is not required. Ie: if common law trademark is used to do business by advertising in Oregon, and your shop is in Texas, Then nobody else in Oregon or Texas can use that trademark.

The internet broadens common law trademarks greatly, since an online business is using their trademark throughout all of the U.S. and U.S. territories.

Hope that helps.

 

[darkmatter22]

i sense conflict with a very BIG site, AltSmoke | Personal Vaporizers - Ecigs : The Yeti, JOYE510, DSE901 and More!

 

[ScubaFrog1]

This has got to be the most confusing thread ever. Makes me realize how internet stupid i am.

 

[Sense Field]

The domain name I think is a pretty ( generic ) one, I have done a online trade mark search and found none. A ( generic ) name is like autos.com, everyone knows what the site would have there. It's a ( generic ) word, and it's tell you what is at the site. And names found to be ( generic ), can not be trade marked then.

I'll will be very clear here and if there is a trade mark, I would not use the domain name for what the trade mark is for. Joker asked it right, by asking what do I want to use it for.

I own a business (not ecig related) and have dealt with something similar before.

So here is the deal according to my lawyers. Fried Chicken is a generic common word. It's part of the vernacular of the over all population. You can't trademark Fried Chicken...or Apple Juice...nothing like that.

e-cigs haven't even penetrated the minds of the masses yet, but if someone is looking for e-cigs for the first time...they are generally going to search the terms "e-cig" or "Electronic Cigarette". So you can't Trademark those. AltSmoke is not something they would search for. It is not Generic. In this case...it's referring to a company that already exists and sells the Electronic Cigarette product that you are going to be blogging about or selling or whatever.

So basically...if you use that name...you will be knowingly trying to piggy back the actual AltSmoke product. That constitutes Trademark infringement.

As you said...you can't find a trademark online for this name/product. That doesn't matter. According to current Trademark laws...the first user of that name in any industry is the legacy trademark holder even if no documents were filed.

That said...if you were to use AltSmokes.com...The owners of AltSmoke would be obligated to take legal action (most likely a threat at first) to stop you from operating. If it did not...their tradmark would be considered weakened and undefended which would open the door for other people to infringe on their name.

I've actually had to deal with this twice...learned a lot from the lawyers.

 

[whiskey]

I like eVapin as a name best for that. Use the other and as you see the confusion..

I Agree W/Connman...Evape Is A Great Name, Rather Than Go Through A Bunch Of BS On Who Owns What. It's A Catchy Name Too.

 

[ZERO]

IMO, It would be riding someones coat tails based on their success, legal or not...

 

[5cardstud]

I wouldn't even consider altsmoke beings it's already being used so Evapin.com gets my vote.

 

[Antha]

eVapin sounds better anyway. Go with that or something else, something that doesn't sound similar to another e-cig website.