will it be trademark infrindgement if I.......

Discussion in 'Legal Issues' started by tacobueno, Dec 10, 2007.

  1. #1
    Trademark a name of a website that is included in the name of another websites trademarked name that already exists... and have simlilar content on the website

    ex.
    someone has trademarked "thetacoconnection".com
    and i trademark "tacoconnect".com

    then i add similar content
     
    tacobueno, Dec 10, 2007 IP
  2. bluegrass special

    bluegrass special Peon

    Messages:
    790
    Likes Received:
    50
    Best Answers:
    0
    Trophy Points:
    0
    #2
    Given the examples, it would be unlikely that you would be able to trademark tacoconnect.com (I know they're examples). If what you really want to do is close to your examples, I would say it would be infringement in almost every country.
     
    bluegrass special, Dec 10, 2007 IP
  3. AstarothSolutions

    AstarothSolutions Peon

    Messages:
    2,680
    Likes Received:
    77
    Best Answers:
    0
    Trophy Points:
    0
    #3
    agree with bluegrass, especially as the difference is simply the removal of the word "the".

    In general you have 2 tests on IP which come from different directions:

    1) Are consumers going to potentially believe the two entities are related due to their similarities and therefore be fooled into using the wrong one?

    2) Are you choosing the name/ design etc simply to gain business/ traffic at the expence of the original site?

    If the answer to either is yes you have the potential for issues.
     
    AstarothSolutions, Dec 11, 2007 IP
  4. tacobueno

    tacobueno Active Member

    Messages:
    127
    Likes Received:
    1
    Best Answers:
    0
    Trophy Points:
    53
    #4
    well i had just started developing a website and i have just been notified that there is a similar site with "the" and "ion" added at the end of connect..
    i did not know about this before because the other site had been just started two months before mine and the other one is really small and not ranked highly at all on any search engines yet so i had not seen it, i actually found it when i was looking if the trademarked name was taken

    both answers are no but i still feel that there will be complications:(
     
    tacobueno, Dec 11, 2007 IP
  5. slinky

    slinky Banned

    Messages:
    717
    Likes Received:
    26
    Best Answers:
    0
    Trophy Points:
    0
    #5
    In the US the two may not be infringing if you aren't in the same business, e.g. one group is in the restaurant business and the other is auto parts.
     
    slinky, Dec 17, 2007 IP
  6. Dave Zan

    Dave Zan Well-Known Member

    Messages:
    2,320
    Likes Received:
    121
    Best Answers:
    2
    Trophy Points:
    115
    #6
    One exception to that, though, is if the trademark is famous.
     
    Dave Zan, Dec 17, 2007 IP
  7. bluegrass special

    bluegrass special Peon

    Messages:
    790
    Likes Received:
    50
    Best Answers:
    0
    Trophy Points:
    0
    #7
    Not to mention that the OP specifically asked about having similar content on the sight.
     
    bluegrass special, Dec 18, 2007 IP