Trademark Infringement?

Discussion in 'Domain Names' started by Eodcoin, Oct 29, 2007.

  1. #1
    I was always under the impression that any Domain name is allowed to be purchased and used if the exact Domain name did not exist before? can a Company accuse you of infringement of their 'trademark' rights if you are using a domain name that is similar to theirs?

    Regards AL...
     
    Eodcoin, Oct 29, 2007 IP
  2. pipes

    pipes Prominent Member

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    #2
    I guess it would depend on if they already own the trademark and when the trademark was registered, and maybe depending on a trademark being for a country or worldwide.

    Im not sure how it works with them.
     
    pipes, Oct 29, 2007 IP
  3. mjewel

    mjewel Prominent Member

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    #3
    Absolutely. Phonetic, misspellings, different tld's, and domains that include a trademark can certainly be infringement. For instance, Mike Rowe (his real name) lost his domain (mikerowesoft.com) because of Microsoft. Apple-Computer-Support.xxx would be another example of infringement.

    If your domain is similar or attempting to ride the goodwill of another trademark, it is likely infringement. The US also recognizes "common law" trademarks, which means they don't even need to formally trademark a name to have protection. First use, in a particular classification, can establish trademark rights.
     
    mjewel, Oct 29, 2007 IP