2 word animal name w/TM, but...

[domainar]

Hi,

As referenced in the title, there is a two word animal name with an active trademark. An extension is available; but I am worried about the TM. Interestingly, none of the already registered extensions point to the company/business that owns the TM. These are just parked pages.

Are these other extensions not TM infringements?

It is quite a common two word name/phrase. Can that really be TM-ed to the exclusion of any other use by any other person/entity?

Thanks for any insight,
D

 

[DNQuest.com]

Depends.. not enough to go on.

Use "Bluebird" for a bus service = bad
Use "Greyhound" as a bus service = bad
Use "Blue Jays" as a sprots service (other than fan site) = bad

Usage plays an important part in determing bad faith. There can be uses outside the TM classification.