Hey guys, I did a Google search and could not find much on this issue (The site I was going to go on is currently having Database issues) so in turn I will post the question on here. I have already searched the Trademark database and found that there are no Trademarks for a domain name I want to register however there is another domain name present. For example: Domain name a: lolitshell.com and I want to register itshell.com Then enter in to the same area of business - Would I experience any legal issues? Thanks for reading guys, Dan
Trademark infringement does not need to be exact. If the other party "thinks" it creates a possibility of consumer confusion, they can sue you for infringement. At that point, you are looking at at 5 figures and up to defend your position in court. Trademarks also do not need to be registered to acquire common law rights. What you need to do it find a good IP attorney that can have a TM search done and advise you of the risks of the name you intend to use.