View Full Version : Same business name, different countries...
cory1848
14th of October 2008 (Tue), 09:46
So what do to if I can do anything? Just noticed that someone in London, set up a site using my business name, Fixed Focus. My web address is http://www.fixedfocus.us and theirs is http://www.fixedfocusphotography.com
My business name is actually Fixed Focus Photography and since we are both in the photography business, this could get confusing. Being that we are in 2 different countries, not sure if there is much I can do about this... They just started this site on Oct 3rd and we have been in business for about a year.
Any thoughts on what I can do? I havent contacted them yet...
elysium
14th of October 2008 (Tue), 09:53
So what do to if I can do anything? Just noticed that someone in London, set up a site using my business name, Fixed Focus. My web address is http://www.fixedfocus.us and theirs is http://www.fixedfocusphotography.com
My business name is actually Fixed Focus Photography and since we are both in the photography business, this could get confusing. Being that we are in 2 different countries, not sure if there is much I can do about this... They just started this site on Oct 3rd and we have been in business for about a year.
Any thoughts on what I can do? I havent contacted them yet...
Before contacting them, check your business certificate. It maybe it only covers certain countries?
Contact a lawyer perhaps or look on their website for company details/privacy information.
cory1848
14th of October 2008 (Tue), 10:04
Before contacting them, check your business certificate. It maybe it only covers certain countries?
Contact a lawyer perhaps or look on their website for company details/privacy information.
I dont have it in front of me, but I think its only covered in the US. We are a small business and we treated it that way when we set it up... I checked out the site and didnt see much in terms of privacy info...Its pretty obvious that its just a one person deal setting up a site. I would know how to handle this is we were both in the US but have no idea on how to handle international things like this...
Mark1
14th of October 2008 (Tue), 10:15
I don't think there is anything you can do. Unless you are registered in the UK. There is no "world" business license. You have to set up each country on its own. In fact, they can legally get the same name but in a different state. The only way to protect it nationally is to trademark the name. And that is big money. Internationally you are out to dry. But I hardly doubt you two will ever cross paths and infringe on each other. Possibly customers may cross their emails but that is about it.
cory1848
14th of October 2008 (Tue), 10:24
I don't think there is anything you can do. Unless you are registered in the UK. There is no "world" business license. You have to set up each country on its own. In fact, they can legally get the same name but in a different state. The only way to protect it nationally is to trademark the name. And that is big money. Internationally you are out to dry. But I hardly doubt you two will ever cross paths and infringe on each other. Possibly customers may cross their emails but that is about it.
Yea, the only thing I am really worried about is the domain names being so close... Just hoping to avoid confusion with potential clients...
elysium
14th of October 2008 (Tue), 10:31
Yea, the only thing I am really worried about is the domain names being so close... Just hoping to avoid confusion with potential clients...
Business cards with your web address and optimising your search would be suitable to keep things seperate.
Theme your business cards according to your website to save confusion.
Mark1
14th of October 2008 (Tue), 10:40
Theme your business cards according to your website to save confusion.
This is your best defense. Get a logo and brand the heck out of it. EVERYTHING that leaves your studio should have the logo somewere. This way when they go to the site and it is different they will know it.
Tigershark
14th of October 2008 (Tue), 10:45
Just curious why you didn't buy that domain name when you started your company? I own several domain names that are close to my main name and just redirect them to my main site
cory1848
14th of October 2008 (Tue), 10:56
Just curious why you didn't buy that domain name when you started your company? I own several domain names that are close to my main name and just redirect them to my main site
We looked into it but at the time it was taken buy a defunct company. It was sitting dormant for 2 years and I guess we just missed the window of buying it up when it became available.
Tigershark
14th of October 2008 (Tue), 12:23
Man that stinks, I have had that happen before with another business site of mine
convergent
14th of October 2008 (Tue), 12:41
Well first off, your domain name is not working... says page not found. So you definitely want to get that fixed.
I think you made a big mistake with not finding a company name that you could get a .com domain for. The .us domains are not great and aren't going to present the professional message to your customers. If you had fixedfocus.com then you wouldn't be as caring about this company in the UK. Given where you are at, if you want to stick with that name, then you need to get your site working and get it placed in the search engines. I did a search on Google on "fixed focus" and you didn't show up. That is not good if you want people to find you. You will end up with people not being able to find your site regardless, with the .us domain name... non techie people often assume all sites end with .com and ignore you trying to tell them otherwise.
As others have said, there is no such thing as an international company name, or even a united states wide company name for that matter.
Once your site is working, what I'd recommend you do is contact the owner of the site you mentioned and suggest that they alter their home page to add their location, and you do the same. Then you might both put a link down somewhere down on that page indicating "Were you looking for fixedfocus.us in Florida... Click here" Since you don't compete, it would be good for you both to add that to avoid confusion, although I highly doubt anyone would accidentally hit the .us site until maybe if you get better search engine placement than he has.
I just launched a new identity as Victory Photo and have victoryphoto.com... I had seen many other domains, but all longer... so I had the best and shortest one... which is why I went with it. The one domain I never looked for was victoryphotos.com ... with the "s". Well I just started getting some mis-directed emails where someone intended to send to them and dropped the "s". I've made contact with the owner... and we are going to add the links on our page. He is in Mass and Florida, and I'm in North Carolina, so we don't compete.
Halcyon
14th of October 2008 (Tue), 14:39
None of his customers will confuse your company with his, but your customers will his company with yours.
No one in the UK will think that any .us domain will be a UK company, but just about all your US customers will assume a .com is a US company.
I hate to be harsh, but if your site isn't working, you haven't registered with any search engines and (this is the big one) you failed to register the .com while you had the chance, then.. well, you haven't exactly helped yourself..
And the UK site is under no obligation to put anything about your site on their page. So if you send them an email, don't be upset as a refusal often offends.
Edit:
I see your site is working now.
I noticed that the other company is called f/ixed f/ocus so maybe you have even less to stand on :-(
cory1848
14th of October 2008 (Tue), 14:42
Well first off, your domain name is not working... says page not found. So you definitely want to get that fixed.
I think you made a big mistake with not finding a company name that you could get a .com domain for. The .us domains are not great and aren't going to present the professional message to your customers. If you had fixedfocus.com then you wouldn't be as caring about this company in the UK. Given where you are at, if you want to stick with that name, then you need to get your site working and get it placed in the search engines. I did a search on Google on "fixed focus" and you didn't show up. That is not good if you want people to find you. You will end up with people not being able to find your site regardless, with the .us domain name... non techie people often assume all sites end with .com and ignore you trying to tell them otherwise.
As others have said, there is no such thing as an international company name, or even a united states wide company name for that matter.
Once your site is working, what I'd recommend you do is contact the owner of the site you mentioned and suggest that they alter their home page to add their location, and you do the same. Then you might both put a link down somewhere down on that page indicating "Were you looking for fixedfocus.us in Florida... Click here" Since you don't compete, it would be good for you both to add that to avoid confusion, although I highly doubt anyone would accidentally hit the .us site until maybe if you get better search engine placement than he has.
I just launched a new identity as Victory Photo and have victoryphoto.com... I had seen many other domains, but all longer... so I had the best and shortest one... which is why I went with it. The one domain I never looked for was victoryphotos.com ... with the "s". Well I just started getting some mis-directed emails where someone intended to send to them and dropped the "s". I've made contact with the owner... and we are going to add the links on our page. He is in Mass and Florida, and I'm in North Carolina, so we don't compete.
Thanks for the insight...Here are my points...First, site works, check it again...Might have been down for a few minutes while updates were made server side. Second, we picked that name because fixedfocus.com was taken by another company that had nothing to do with photography in germany. They still have ownership of that domain but its not in use. Same with .net and .org. We chose .us because we wanted the name simple and not as long as a sentence. If you cant remember it, there is no point how professional it looks cause your not going to get the traffic anyways...
.us names are getting more popular and more professional businesses are using them and I dont think its a mistake at all...but opinions aside, you are right about the search engine request, have to put that on the top of my list.... We do appear on the second page that Google brings up though...
convergent
14th of October 2008 (Tue), 16:30
Yep... its working now.
You seem to have thought through this thoroughly. I have a lot of websites... about 50 domains... and the ones I've tried that were .us were just a total pain because average people mess it up. People just do NOT pay attention when you tell them stuff and non-techies are not "tuned in" for listening to what's after the ".". They'd put the "www" in there which they don't have to, but forget that its .us instead of .com. I'd try to work on that company with the .com. It may cost you some bucks, but could be worth it in the long run.
I'd also link swap with the site you were talking about in the UK.
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