Two sites competing for same niche - legal trouble coming?

[GCPguy]

Hey guys,

I used to participate in these boards a couple of years ago. I was about to launch my site right before Hurricane Katrina hit us, which changed my plans slightly.

I have now launched a niche site but have found out that the .net version has the same idea.

My site is gulfcoastpoker.com
Their site is gulfcoastpoker.net

I wondered how long it would be until they found my site, and that time has come. Because of a comment from one of my first members on their blog, they have started to hustle and build their site. They have commented in their blogs about meeting with an attorney and apparrel company.

I decided to get drastic and trademark the use of Gulf Coast Poker on apparrel. I submitted my application late last night.

My questions are:

Would you consider a partnership to combine resources and make the niche that much stronger?

or

Would you tell them that I have already paid to have Gulf Coast Poker trademarked and they should choose another business? Can I even do that?
Do you see anything else I need to be worried about?

Thanks in advance for the advice!

-Kevin

[Randy]

I'm not an attorney, but I don't think words as common as this can be trademarked. "Gulf coast" is a location, and "poker" is a game. I don't think you could trademark either phrase, and I don't think you could have legal trouble combining them either.

But like I say, I'm no lawyer.

[GCPguy]

Thanks for the reply, Randy.

After reading a bit more I think you are correct. Given the generic nature of the terms I'm quite sure my trademark will be denied.

Any other thoughts or advice on the particular niche or the competition for it?

[Randy]

"Gulf coast poker" should be easy to rank for if you do the right things.

[cogger]

The dotNET would be foolish to attempt this w/o dotCOM because you can easily take control. As far as trademark as a "wordmark" I don't see a denial unless it is disputed once marked.

Ex: look at Pokertime in the uspto.gov site. I sold them the dotNET, they marked it. Poker is a game, "time" is a measurement. Word phrase "Gulf Coast Poker" shouldn't be a problem.

Pokertime.com(tm)
pokertime(tm)

Worldpokertour: "world" - place, "tour" - performance.

Beneficial: adjective. One word adjective still trademarked.

Poker: no mark, Poker.com(tm) - yes...

No you should be able to mark GulfCoastPoker.

I am no TM attorney. Just my opinion through experience

[GCPguy]

Great points, cogger. I appreciate the input.

I figured I would have the upper-hand w/ the .com. Especially if I build content faster.

As far as the trademark goes, I submitted the application to mark Gulf Coast Poker on apparrel. What does this mean in regards to their use of GulfCoastPoker.net?

[cogger]

Originally Posted by GCPguy

Great points, cogger. I appreciate the input.

I figured I would have the upper-hand w/ the .com. Especially if I build content faster.

As far as the trademark goes, I submitted the application to mark Gulf Coast Poker on apparrel. What does this mean in regards to their use of GulfCoastPoker.net?

Normally a "wordmark" meaning just marking the letters of said word covers this and protects you. If this is a image mark you may have problems, also you can combine "word mark" in to "image mark" and use as a "word mark" to cover all provided the entire word is in and around the brand image. Consult a TM attorney, most will give a first initial phone consultaion for free

[jcap1p]

I think it probably goes in your favor that their site looks like shit and yours doesnt, GCP

[Holyman]

I don't know anything about the TM stuff, but your site even though there is little to no content, is already looking better than theirs.. Add some content and you should be able to blow them out of the water for that niche..

Edit: also, they didn't list anything in the **** tags/Keywords, they have no PR, and they aren't listed on any search engine... Should be able to get ahead of them in a week..

Good luck!

[cogger]

TLD's vs. (TM) names. A helpful article for you:

http://www.iana.org/comments/03oct19.../msg00264.html