Do you think they will sue?

Discussion in 'Legal Issues' started by saneinsight, Aug 8, 2006.

  1. #1
    Hi,

    I need some advice with a domain name I own. I'll use and example to explain my situation. If I buy a doman like www.comfortshoe.com but later find that a company has a trademark of Shoe Comfort and owns www.shoecomfort.com.

    Do they have any right to claim trademark rights to comfort shoe? Can switching the words around mean it's a totally different trade mark and so I can keep running www.comfortshoe.com without the threat of legal action?

    Thanks
    Sane
     
    saneinsight, Aug 8, 2006 IP
  2. D_C

    D_C Well-Known Member

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    #2
    I'm not a legal expert, but I think that the only way that they could do that is if they have the rights to that somewhere. In the paperwork somewhere it would say something like a list of domain or something like that.

    Again, I'm not a legal expert, im just saying what I think is right.
     
    D_C, Aug 8, 2006 IP
  3. dastuff

    dastuff Peon

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    #3
    No because their company didn't influence your decision to buy comfortshoe...

    On the other hand if you bought the domain to profit from their trademark then they can sue (but more likely will just ask you take it down, if anything)...
     
    dastuff, Aug 8, 2006 IP
  4. HanSolo42

    HanSolo42 Peon

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    #4
    It can also be a problem if you are selling the same items as the other company and it confuses customers as to thinking that they are buying stuff from the other company.
     
    HanSolo42, Aug 9, 2006 IP
  5. Jackie2006

    Jackie2006 Well-Known Member

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    #5
    If "shoecomfort.com" is already there then why not make your "comfortableshoes.com" . I don't think that there will be any probs.

    Just my 2 cents.

    jackie
     
    Jackie2006, Aug 10, 2006 IP
  6. brandnewx

    brandnewx Peon

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    #6
    I think they can sue, but they might not win unless you're selling shoes similiar to their designs named Comfort Shoe.

    They'll sue if your site leads to wide-spread confusion.
     
    brandnewx, Aug 13, 2006 IP