Can using synonyms or related keywords be considered TM infringement? Like for example, if I started a domain business site called GoFather.com or an insurance company called StateBarn.com ? Thanks in advance, -DigiP
It depends on the content of the sites. If they are competing sites (like an insurance site called statebarn) then a judge might find it infringing.
Sorry, maybe I didn't clarify my post as it might have sound confusing. Is StateBarn a TM Infringement of StateFarm if it was used for an insurance industry? Is GoFather a TM Infringement of GoDaddy if used for a domain business? What about having related words not but not necessary synonyms. For example, is GoParents a TM infringement of GoDaddy if used for a domain business? Thanks in advance, -DigiP
It would really depend on the judge, but the likely answer is yes. Particularly with the two examples you listed. If you picked less well know trademarks the answer might be no. The courts will look at several things: similarity of the two marks in phonetics, meaning, and general impression similarity of goods offered strength and famousness of the plaintiff's mark intent of the defendant in using the mark actual or likelihood of confusion There are a few other things they look at, but using just those a judge would likely find that you were trying to use your competitor's name to confuse consumers. Sometimes, even when the goods being offered are completely different the courts find for the plaintiff (examples: Toys R Us v Adults R Us, RadioShack v just about anybody that uses the word shack - RadioShack often wins). Your biggest problem is the famousness of these two marks. They are so well known that they essentially get extra protection.