First Name and Company Names

[sashas]

All right..one more question for you guys.

If there is a trademarked company name that also happens to be a common first name/last name (including that of some celebs), then would it be a TM infringement to reg it?

For example, Hertz is the name of a company. However, it is also a common last name for German/Swiss people, as well as a unit of measurement.

What happens in this case?

 

[DNQuest.com]

Read my sig..

 

[sashas]

I have
I just wanted a quick answer because I'm in on an auction for a name that meets the above criteria, and the auction ends tomorrow. I'm just not sure if I should bid more and get it, or let it be because of any TM issues.

 

[Peter]

For example, Hertz is the name of a company. However, it is also a common last name for German/Swiss people, as well as a unit of measurement.

What happens in what case you have not demonstrated properly a conflict yet. A conflict does not happen until someone tries to gain from the others trademark (or possibly uses it inadvertently)

If you are trying to state that 2 companies used hertz as part of their domain name then the trademark would only generally be breached if they were in the same line of business or 1 party was trying to benefit from the others trademark (for example registering it and using it as a parking page or to advertise the companies rivals). If the word is generic then it could be argued that it is too generic and the trademark should not be upheld.

 

[sashas]

Thanks!
Thats all the confirmation I need.

 

[Dave_Z]

AIf there is a trademarked company name that also happens to be a common first name/last name (including that of some celebs), then would it be a TM infringement to reg it?

IMHO all these questions about whether this domain name is generic or not is
a waste of time since it boils down to why you want to register it.

But I'll tell you what: if how you use the name shows a degree of association
with the mark holder, coupled with hints of commercial use, expect trouble.

 

[Ronald Regging]

For example, Hertz is the name of a company. However, it is also a common last name for German/Swiss people, as well as a unit of measurement.

Actually I run a business called Hertz Donut

 

[DNQuest.com]

My daughter did not appreciate getting one... and it was funny as hell.