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The bigger question is that even if you get around to launching is it worth having the brand confusion and potential lawsuit. Without trademarks currently it w

The bigger question is that even if you get around to launching is it worth having the brand confusion and potential lawsuit. Without trademarks currently it would be argued that they had the first commercial release and were using the name commercially first. Therefore they may come after you for creating brand confusion if you both start being successful. It may be a good name but it may not be worth it. You want to be focused on solving problems not dealing with a fight over a name. Just my 2 cents.

acesubido 12y ago
A question that I've always wanted to ask: What if you were in an another country? How does that one play out?
- davismwfl 12y ago
  I don't really know from a legal aspect as I am not an attorney. From a digital marketing and branding perspective though, I generally advise our ecommerce and SaaS clients to never utilize a name that might cause confusion regardless of Country of origin for competitors. We have our own offering coming out in Jan 2015 for a SaaS product and we ditched 2 awesome names because we saw others using names either identical or way too similar that could cause confusion. Better to be unique than have confusion, especially if the idea that you and the other guy have are the same industry or problem solution. One point though, is that since you own the .com domain people will likely hit your site first even when looking for the other guy as it is so common for people to type .com over any other TLD. But, I still don't like using a name that could be confusing. The web is global as a whole, and so is branding when dealing with SaaS and web properties.
  - dshanahan 12y ago
    This. I go this direction on all my brand and digital marketing consulting advice - find another name and avoid confusion. You don't *want the people who mistakenly type in .com and wanted the other product. Execution is all that matters anyway - the strength of your brand will be derived from the product and effort behind it.
    - davismwfl 12y ago
      Couldn't agree more, execution is all that matters, and getting distracted over a taken/contested name is wasted energy.

acesubido 12y ago

A question that I've always wanted to ask: What if you were in an another country? How does that one play out?

davismwfl 12y ago
I don't really know from a legal aspect as I am not an attorney. From a digital marketing and branding perspective though, I generally advise our ecommerce and SaaS clients to never utilize a name that might cause confusion regardless of Country of origin for competitors. We have our own offering coming out in Jan 2015 for a SaaS product and we ditched 2 awesome names because we saw others using names either identical or way too similar that could cause confusion. Better to be unique than have confusion, especially if the idea that you and the other guy have are the same industry or problem solution. One point though, is that since you own the .com domain people will likely hit your site first even when looking for the other guy as it is so common for people to type .com over any other TLD. But, I still don't like using a name that could be confusing. The web is global as a whole, and so is branding when dealing with SaaS and web properties.
- dshanahan 12y ago
  This. I go this direction on all my brand and digital marketing consulting advice - find another name and avoid confusion. You don't *want the people who mistakenly type in .com and wanted the other product. Execution is all that matters anyway - the strength of your brand will be derived from the product and effort behind it.
  - davismwfl 12y ago
    Couldn't agree more, execution is all that matters, and getting distracted over a taken/contested name is wasted energy.