I have a business registered in Ontario, Canada. Someone else has a domain using my business name. Are they allowed to keep using it? I don’t want to spend $3,000 on a cease and desist lawyer unless I really need to. The site is hosted by Squarespace. I’m surprised that even though I own the business name, she can still run a site with it? I’m new to this and learning as I go, so I’d appreciate any helpful advice.
Why are you asking this again? Just because your business name is the same doesn’t mean you own the domain. Either pay up or let it go.
If she bought the domain first, she owns it and can use it. Unless you have a trademark and it’s the same type of business, then yeah, get a lawyer. Squarespace won’t step in for that.
Business names and domain names are different things. Just because you registered a business doesn’t mean you automatically get the matching domain. Domains are first come, first served. If she registered it before you, there’s not much you can do unless she’s using it in bad faith, like cybersquatting or misleading customers.
Even if you have a trademark, that doesn’t mean you own the domain. A trademark protects your brand, but if she’s using the domain legitimately, without causing confusion, she’s within her rights. The question is whether her use of the domain is causing harm or confusion for your business. If you think she’s acting in bad faith, you could try legal action through the UDRP process, but if she got the domain first, it might be tough to win.
When did they register the domain? Was it before or after you started your business? And is it a .ca or .com domain?
(I’m not a lawyer but I got expelled from law school once, so I know a bit about this stuff.)
@Sara
It’s a .com, and I think she may have registered it before I started my business. There’s no physical business—just the website with my business name. Both are new, like within the last 8 months. Thanks for your help. I didn’t realize she could just use the same name as my business.
@Ivey
Yeah, there could be more than one business with the same name. If you can prove she registered it in bad faith, you could try a UDRP case, but that’s a big ‘if.’ If she registered it first, though, you should’ve checked if the domain was available before starting your business. You can look up the registration date with WHOIS.