Similar website name can opposite party force us to close

923 votes

INNOVO versus INNOVA are phonetically similar. Considering INNOVA is a well known brand, your use of the word INNOVO will be restrained by court even for dissimilar goods. Please change the mark in order to avoid litigation.

Advocate Shashi Pratap Ojha LawRato

733 votes

As per law,Similar names are illegal.You have to opt for another name which should be phonetically and optically different.Website name opted by you is similar to the one already in use.Unless you can prove that you are the prior user.
Regards

Advocate Rishi Kulshresth LawRato

879 votes

No! You cannot do so without their consent. Please stop immediately. This is violation of their trade mark rights. Legally, website names (domain names) are covered under ambit of trade marks and trade mark law. You may seek consultation for detailed advice.

Advocate Rishi Raj Sharma LawRato

765 votes

If the Company's website was registered prior to your website and it can be proved that the name for your website was chosen in bad faith then your website would be liable to be shut down and you may also be liable to pay damages if bad faith is proved in the court.

Advocate Srishti Saxena LawRato

828 votes

So far what i have understand that you are using similar domain name or replica of original company domain name, if this is the case, I strongly suggest you to handover the domain name to them , also if they own Trademark or service mark, and effectively using this name innovoleds, you don't have any right to use the domain name, and if you continue with same, you will face infringement case .

To use similar or current version of domain name you need to take license from the company. Even after this you believe your are legitimate party or have reason to use this domain in legitimate interest. You have to proof merits and evidence that your domain name doesn't confuse customer or other factor. The above subject domain names is very close and doesn't fall under distinct characteristics , it means domain name is very identical to each other and easily create a confusion.

May be you have valid rights to use but depends on the situation and other factors like incorporation of your company, longevity of usage , trademark and other factors. It's will be not easy & right to say that your website are illegal or legal, without knowing other factors it's a close call to say anything.

Advocate Nischal Arvind Singh LawRato