Intellectual Property Rights WBAC Advice Needed Please

[Phil H 124]

 

I'm about to launch a website aimed at the cash for cars market the business name is a good one, although quite a long one (24 characters altogether) it doe's exactly what it says, but abbreviated is WBAC and as look would have it I've managed to purchase a domain which is these exact letters, I've looked into IP Rights and have been advised that the domain name should be OK to run with it but could potentially have some opposition from a company within the cash for cars market who have the same initials. 

Not wanting to have a costly big legal battle with a company who has a lot more money than me but such a short domain name (4 characters as opposed to 24) would be much better for my business. Should I run with it and wait for any potential letter or just use the big long domain name instead. 

Any advice welcome please. 

[countryman 13]

Personally, I would buy both domains and have the WBAC abbreviated URL point to the longer one.

If, as you say, the longer one 'does what is says' it will give you better search engine results and if We Buy Any Car kick off you can just get rid of that domain, redirect it (or sell it to them?).

Your bigger concern, if it is a similar business model, I would have thought would be 'passing off'?

[Gavin@Rousdon 137]

Run with it, a quick goggle search show www.wbac.com is a firm of accountants. There is a company online called we-buy-all-cars.co.uk so I'm sure there are many more variations of WBAC around. 

Edited July 25, 2015 by Gavin@Rousdon

[countryman 13]

Run with it, a quick goggle search show www.wbac.com is a firm of accountants. There is a company online called we-buy-all-cars.co.uk so I'm sure there are many more variations of WBAC around. 

... and .co.uk is registered to you!

[Phil H 124]

yes countryman have bought the longer versions only problem with using them and redirecting the WBAC to them is google adwords will not allow this, As per the passing off none of the words in either name match we just share the same initials but I do know that they will fight legal battles to protect their name but we're not talking name here it's all about 4 letters, I've been told that you can overcome passing off if you display on your website that you are no way connected with them and offer a link back to their website for anyone who has to come to yours by mistake. And secondly mine is a totally different business model from theirs although both will be in the cash for cars market. 

Here's a previous legal battle that they lost from wikipedia: 

We Buy Any Car Limited launched an action via the World Intellectual Property Organization (WIPO) in Geneva against Kar Land PTY alleging that the domain webuyanycar.com.au had been registered and was being used in bad faith. The adjudication can be viewed at http://www.wipo.int/amc/en/domains/search/text.jsp?case=DAU2012-0004 This action was not successful and webuyanycar.com continues to pursue other legal channels to protect its global brand reputation in Australia.

 

[Daylight 28]

From a non-legal standpoint, I think that it's mainly only motortrade people that abbreviate we-buy-an-car to WBAC, I can't imagine it would be recognised very well by the general public?

In a previous role I set up a new automotive arm for an existing business, we received a letter from Daimler AG to contest the use of the word 'smart' in the trade name we'd created. It was strongly worded but the contest was a very weak one, I assume the big boys will just try it on strong and hope that the tadpoles will just give in to save a potentially expensive legal battle. In this instance our solicitors just laughed it off and sent a letter back, that was the last we heard.

Good luck with your venture, i'll be interested to see what you're up to!

Edited August 3, 2015 by Daylight

[Phil H 124]

Thanks daylight good luck will be needed with what I'm trying to do. I don't have the deep pockets of the big boys but I do have big ca hones to attempt it. I'll let you all in on it just as soon as the intense testing that's happening at the moment is finished and I know the website will run perfectly. Still waiting for final confirmation from the legal people about the domain name wbac but do have several others to use one of them is "swop your car for cash" but her indoors thinks that's too cheesy. Value your thoughts on this name please gents as my last website, the one that introduced a lot of the big players to the cash for cars market, was a great concept but not such a good name cellyourcar.com. Don't want to make the same mistake again.  

[It's me 612]

why not try the gangsta approach?

gives us your car or your wasted

 

seems to work for that miserly £10 a day if we cock your repair up

[Phil H 124]

Ok, had a reply from the legal people and they say that using WBAC should be fine the only thing which goes against me is the fact that I also own the domain name we buy any car or van.com and I offered it for sale to them last year. Never got a definitive yes or no as to whether they wanted to buy it just a strange phone call from a withheld number asking me what my plans for developing the domain name where. When I told them I had no plans to develop it and that it was for sale if they wanted to buy it the conversation was ended abruptly by the caller. 

So I've decided to run with the WBAC and wait for any letter or phone call. I'll keep you all posted. Thanks for all of your advice

[Phil H 124]

Morning all the cats out of the bag WBAC stands for We Bring About Change have a listen to what it's all about here http://traffic.libsyn.com/cardealerpodcast/Episode_45.mp3

and as the show host Derek Blair, whose seen the concept, says "It's a Game Changer" 

Hope you all like it and look forward to you getting involved