Website Legalities

If the other guy does not have a trademark on the name, you're fine.

However, if he does own the trademark and can prove that you aim to do any of the following, he may have a case

- registered the name primarily for the purpose of selling or transferring the domain name to the trademark owner or a competitor of the trademark owner for a price greater than out of pocket costs;

- engaged in a pattern of registering trademarks of others to prevent the use of the domain name by the trademark owner;

- registered the domain name primarily to disrupt the business of a competitor; or

- is attempting to attract users to a web site for commercial gain by creating a likelihood of confusion with the trademark owner's trademark.

However, as you are using it for a legitimate purpose and your only aim is to sell prints, and not sell your services as a photographer (which is what he is doing), you would be fine.

Personally, I'd just come up with a new name. You don't want people getting confused and going to him when they meant to find you either. It works both ways when you have similar domains.
 
So am I okay to use the domain without any further issues? I am a bit confused by the conflicting advice. I plan on using the site for the following reasons

1. Act as a portfolio - a somewhat more upmarket Flickr
2. Sell an occasional print
3. Offer commissions (this is not specific) I do not wish to shoot any of the stuff the other Martin Turner is offering.

rsatd/vonhelmet - can you elaborate on your earlier finding?
 
Dj_Jestar said:
So his site is distinctive and not to be confused with someone else's. The other guy got there first, too bad. Why would you want your business to be easily confused with someone else's?
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So you are suggesting I should change my domain name? Had his Company Name not been his own name, I would be inclined to agree. But it is also my name with the word photography tacked on to the end of it. :(

Maybe I should just give him a call and have a chat?
 
Basher said:
Just leave it, get on with the photography and don't worry about the domain. It's not an issue.
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But what happens if once my site is complete; he does a search for Martin Turner Photography against google and it shows my site above his? Is it not better to let him know now, so to remove any level of concern?
 
martinturner said:
So you are suggesting I should change my domain name? Had his Company Name not been his own name, I would be inclined to agree. But it is also my name with the word photography tacked on to the end of it. :(

Maybe I should just give him a call and have a chat?
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Just create your own business name. It really is simple.. beggars belief why there is so much resistance to it. :/ If your name starts bandying about, when people search for Mike Turner, and miketurnerphotography.com comes up instead, you've lost potential business. Use a distinctive name like pickapukkapicture.com and people searching for pickapukkapicture won't stumble onto the other Mike Turner's website.. will they?
 
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Dj_Jestar said:
Just create your own business name. It really is simple.. beggars belief why there is so much resistance to it. :/ If your name starts bandying about, when people search for Mike Turner, and miketurnerphotography.com comes up instead, you've lost potential business. Use a distinctive name like pickapukkapicture.com and people searching for pickapukkapicture won't stumble onto the other Mike Turner's website.. will they?
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This.

Alternatively, if you are resistant about changing the name why not pick a url that's easy to remember (such as mtp.co.uk) but have "Photography by Martin Turner" / Martin Turner photography as a banner on the home page.

Sort of like people do with the Yellow pages (they have an A at the start of their business name to get them at the top), but if you go to their website the A has magically gone :o
 
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