: What would you do buisness owners if..???serious
BnTMike 09-06-2002, 10:32 AM We have been online for since 99 with the shop...our new site is almost done...
http://www.xlr8-media.com/bentandtwisted/index.html
This gentleman opened up this year I think
www.bentandtwisted4x4.com
I didnt think anyone would ever use the name...I know my URL is different but Im worried people who are looking for me are going to see the other site and visa versa...
Any thoughts on ways to avoid confusion?
Mike-
First thing I'd do is get your website hosted so that the URL is simply www.bentandtwisted.com.
When people know a business name and are hunting for a website they will never "guess" your current URL.
Do you actually own the bentandtwisted.com domain? I just tried it to see if it would redirect and got the MSN Autosearch page.
If you really rely on the web page for business then I see that as a problem currently. If I were looking for your page I'd add 4x4 to the end and I'd end up at the wrong place. If he had a product I was looking for and I didn't know better, you just lost a sale.
just did a whois on your domain, I assume you last name is Ladd?
So the change in hosting could help a little.
At least get the to redirect your domain name properly. They should be doing that without you asking. At least the hosting company should have asked YOU about the redirect.
BnTMike 09-06-2002, 10:55 AM Thats where the site was built and tested... yes we own bentandtwistded.com and the site will be up next week. So do you guys own All Pro 4x4 and All Pro FourwheelDrive ect... just to keep the name safe?
Mike-
BnTMike 09-06-2002, 10:56 AM where did chris's post go?
Sillyneck 09-06-2002, 10:57 AM I think you should call him and have grant scream chevy power (inside joke to all others)
he'll understand then turn tail and run!
on a more serious note that is gay....did he not do a search to see who had what for business names?
BnTMike 09-06-2002, 10:59 AM So what if someone grabbed Pirate4x4fabracation.com??? Lance do you have like 20 domains just to safe guard pirate4x4?
Mike-
Beyond the website you have to think about how you register your business name. In your state or nationally.
I'd also do some research on his company name registration. See if there is a "possible" conflict.
bigjeepinYJ 09-06-2002, 11:00 AM Is your buisness INC.? Do you have the name trademarked. I dont think that they can get away with bent and twisted 4x4 if you already have bent and twisted. Just a thought I could check out the legality of it for you.
BnTMike 09-06-2002, 11:16 AM I guess Im not fast enough in building my buisness into a protected empire:eek: ... but you have to in order not to get eaten up... Im sure he can use the name becasue its not trademarked... I will only hope that when I call him he is a cool cat and mabye just adds something to the name..or can change it a little bit.. he is a month old and im hoping that he is willing to modify the name just enough to avoid confusion..
Mike-
BnTMike 09-06-2002, 11:17 AM you forgot .org ;) Daniel...
Man this sucks...
Mike-
morpheus 09-06-2002, 11:34 AM that doesn't matter Daniel. I'd get the .org too ...
- jack
Yup, better to snag em all and not use them than to wish you had it later.
Just redirect all your domains to your main website.
Hayraker 09-06-2002, 12:07 PM Originally posted by Daniel
6X6.com not mine...check it out:eek:
!!!!!!!!!35%!!!!!!!!!!!!!!
Actually, I'm finding that most of the 4x4 sites have "4x4" in the name. gumbo4x4.com is mine but gumbo.com was a software company last I checked.
Likewise Bigfoot4x4.com is the Bigfoot monster truck
Wildhair4x4.com is the Wild Hair monster
Bigdawg4x4.com is the Big Dawg monster
Stompers4x4.com is the Stompers 4x4 Club
SMORE4x4.com is Show Me Off-Road Events
etc, etc, etc.
TEX
Jaffer 09-06-2002, 12:35 PM Yeah, you went wrong when you did not register your trade mark.
You still can, though you will have to prove prior use and exhistance if you have to go to court with the other guy.
You could get that going and have your lawyer inform the other guy your intentions to sue him for trade mark infringment.
That might me enough to back him off.
Like any other business entity, you need to vigorusly protect and defend your identity.
Anyone can add a "TM" to a name or logo but it costs in the neighborhood of $800-$1200 to REGISTER a trade mark.
Then you can use that R symbol with a circle around it and your chances of defending it are greatly enhanced.
Example:
If I had registered the name "Metalworks" it would be protected and defendable within my particular type of business.
Adding a "TM" to it tells folks this is the trade mark you use for your business and you might have cause to sue if it is infringed.
I have no grounds to ask a metal cabinet maker to cease using that name because we sell jewelry stuff.
But, they do have to use their domain "www.metalwrks.com" because I own "www.metalworks.com"
The Metalworks cabinet people offered me $5K for the domain but having a domain name the same as my trade name is more valuable than that to me.
Lance 09-06-2002, 12:40 PM we had our stuff trademarked/registered by a patent attorney, and it cost $1200.
Save this thread, it might come in handy.
http://www.pirate4x4.com/forum/showthread.php?s=&threadid=72256&highlight=bent+and+twisted+4x4
BnTMike 09-06-2002, 01:00 PM yep....
I will have to start the trademark process
BnTMike 09-06-2002, 01:23 PM link didnt work???
Mike-
PTSchram 09-06-2002, 01:37 PM I was unpleasantly surprised to find that there is a company called BTL Engineering Specialties somewhere in Florida and the name of my company is BTL Engineering, Inc.
Although I can prove prior use (registered as doing business under a fictitious name back in '95), the lawyer told me it wouldn't be worth the argument. My only real fear is if he goes under, how many of his creidtors will be calling me?
Have spent many $ doing patent searches and learned that if you have an idea, it is best to make and sell as many as you can before somebody complains as you will spend far more trying to patent or perfect something than you can afford and if there's nothing left over for stock, you can't make widgets anymore and the end result is the same.
In many cases with the absence of malice, the only impact is a demand to cease and desist.
So far, no website, though.
Paul
dieselcruiserhead 09-06-2002, 01:57 PM There is a company called directNIC.com, pretty easy to manage lots of domains, it reminds you when your domains expire via email, etc. $15 a pop per year per domain, you could for example buy your domain, www.blah4x4.com and have it redirect to your http://www.blahc.com/blah/nameofshop.whatever address for free. Good way to get a site hosted & up and running for $15 per year. Some friends of mine bought Nike.com in '89 or something like that (they own a computer store in Washington State). Sold it in '93 for $40,000. Shouldn't a sold it then I think!
There are now also laws against so called "cyber squatters" (please who buy domain names expressly for the purpose of screwing you). I guess in that realm god bless corporate power in Congress. Only problem is lawyers cost bucks$$ as we all know.
Good luck,
BnTMike 09-06-2002, 02:01 PM Sucky... but 1200 is worth having my name to myself and proving it was mine is easy with my county records hall so I think that is what needs to happen for future problems. I just hope bnt in colorado is willing to help out and change it.
Mike-
BnTMike 09-06-2002, 02:04 PM So lance does that mean that no one can use pirate4x4.........whatever after or just pirate 4x4 period....??
Mike-
Jaffer 09-06-2002, 03:18 PM Originally posted by BnTMike
So lance does that mean that no one can use pirate4x4.........whatever after or just pirate 4x4 period....??
Mike-
I means that anyone else in the off-road realm shouldn't use that exact wordage nor anything like it if it could, within reason, confuse the public into thinking they were the same entity.
That "within reason" part sometimes has to be decided by a court.
Rerard 09-06-2002, 05:10 PM Originally posted by Daniel
6X6.com not mine...check it out:eek:
...
LOL :laughing:
Dan shsss 09-06-2002, 05:45 PM Mike i asked the guy in calarodo if he new that someone alraedy had the name bent and twisted ,,and he said he did a search and found nothing,,,His post is on here somewhere
I searched for the post ,I think he erased it ,He should not have used your name,How could he have not known,,
Dan
ItsaCJ6 09-06-2002, 06:23 PM My wife has done the whole thing for her business, We feel it was worth it..
I have been toying with a buisinees plan ,,,of course the name I want is already registerd (its for sale for 3800 bucks on of those domain for sale sites) been waiting to see if the renew this year.
Sucks to be me
Cheepin 09-06-2002, 06:35 PM The guy is butch on CK5.When he started this site I told him on the CK5 board that there already was a shop named Bent&Twisted.He never came back and said he did a search.The only good is that butch builds stuff for Chevys.Looks like you do more.Blazin
Dan shsss 09-06-2002, 06:38 PM He told me he did a search also ,,I guess he didnt look very hard
brainless 09-06-2002, 07:31 PM sorry to hear that mike i had a problem like yours with crawltech in texas when i am crawltec in california . .
the biggest problem is that in the relatively small industry were in two cannot have like names, it ends up hurting both parties .
you dont want your marketing dollars ending up in the other guys shop and vice versa .
in my case the other guys agreed to buy my domain and i was to start over even though i was in biz longer and owned the domain for longer . it ended up them not paying and basically wrecking the time and effort i put into marketing the name crawltec :mad:
so my choice was made clear for me start over and buy every domain that resembles it . hence 12 domains that lead to rockbuggysupply.com including my crawltec , now maybe they can market for me ..
sorry to hear it ,that really sucks
alan@rockbuggysupply
jp junkie 09-07-2002, 01:22 PM Usually the business with the most money wins, everytime. Look at Summit and Summit off road. Summit off road is now called Rocky Mountain Outfitters. Summit had the name first so, Summit is still Summit. Its going to take money and persistance. You obviously had the name first so, pursue it just to make a friken point. Because its bull***t.
4x4Grrl 09-07-2002, 01:37 PM Mike, if you want to you can register it under .net instead of .com. That way you can still get it.
Our companies domain is http://www.cliffordcreations.net
not .com.
Doesn't matter just make sure you let people know that it is .net
BnTMike 09-07-2002, 01:52 PM Thanks Guys.. I will call Butch on Monday and see if he is willing to bend. I dont know how he didnt find me either being that I have a banner up on pirate 4x4 before cleanup for my raffle donation... Anyway I hope this will all work out and I dont have a problem....Its funny cause alot of colorado K5 guys know me.
Mike-
Steve N 09-07-2002, 04:23 PM I'm on the other end of this one. I'm D.B.A. Jeepworld / Specialty Parts. We found the guys with the same name have now trademarked it. I think they are a little bigger than us. They sponsored a concert tour including Cheryl Crow and others I don't listen to on purpose. Plus I have the whole Daimler Chrysler thing we figured would cause a cease and desist. We have now figured out a name that will work.
Mike I would talk to the guy. Friendly and helpfully first, then get more firm if need be. I bet being a month old he doesn't have a lot of reserves for a lenghthy lawsuit. I'm betting you don't too, but he doesn't have to know that.
Joe V 09-08-2002, 12:04 AM Originally posted by Daniel
IM not a tax exempt org...
We all know the Sierra Club is NOT a non-profit organization, however, their website url is dot org http://www.sierraclub.org
And at the bottom of their membership page it states:
Note: Contributions, gifts, and dues to the Sierra Club are not tax deductible.
This can be found at https://ww2.sierraclub.org/membership/
It has always bothered me that they use .org
BTW, they also charge tax on the items they sell online.
Okay...back to our regularly scheduled program.
|