Could pronunciation constitute TM infringement?

[verbster]

While reading a thread about pronounceable LLLL.coms today, I asked if a domain I own, xnta(.)com, could be pronounced as "exenta."

A few minutes ago, I looked up exenta(.)com and found it to be a nice shopping site.

Under certain conditions, could just how a domain is pronounced lead to TM issues?

 

[Peter]

I doubt pronunciation could be the cause for a tm infringement but being confusingly similar can be a case for a wipo.

 

[verbster]

Found this nice explanation of infringement. While not specific to domains, it is very informative and easy to grok.

http://www.tms.org/pubs/journals/JOM/matters/matters-0212.html

 

[Kate]

If you do the 'radio test' some domains when pronounced could be confusingly similar to other established ones. As long as you avoid using the name in bad faith I don't think you should worry.