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question Help - Identifying TM Infringement

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mindways

Established Member
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Hello there! :xf.smile:

I am a new member here and very new at domaining.
While I know that if I buy domain name similar to a trademarked name in the similar category, I would be infringing trademark rights.
What I wanted to know is that how similar the names have to be, in order to cause a conflict.

Forexample;

A company owns a trademark for name QuickSubmissive, Would I be safe to buy a domain QuickSubmission, say that I park it afterwords or resell it?

Note that this is just a general question and not a legal advice inquiry.

Alright, Thanks everyone and have a good day! :xf.grin:
 

twiki

Top Contributor
Impact
18,581
I guess you have 3 options in this case.

1) Stay away from domains that are closely-related to brands, or might be interpreted as such.

2) If you still insist, before doing anything, talk to your lawyer. Hire one if you don't have one.

3) Since lawyers are expensive, and lawsuits can turn even more expensive, read again the first option above.
 

mindways

Established Member
Impact
14
I guess you have 3 options in this case.

1) Stay away from domains that are closely-related to brands, or might be interpreted as such.

2) If you still insist, before doing anything, talk to your lawyer. Hire one if you don't have one.

3) Since lawyers are expensive, and lawsuits can turn even more expensive, read again the first option above.

Thanks for replying, I see that option one seems fair enough.

But aren't the TMs category specified? Could a parked domain possibly lead to TM infringement then? As it doesn't has any category on which it is infringing the rights.
 

twiki

Top Contributor
Impact
18,581
Thanks for replying, I see that option one seems fair enough.

But aren't the TMs category specified? Could a parked domain possibly lead to TM infringement then? As it doesn't has any category on which it is infringing the rights.

That's a question with a very complicated answer, not the place here.

Talk to your lawyer. Ask them about Nice classes, seniority, opposition on trademark filing (you need to file your own tm to be sure) and especially UDRP. In practice, you might get UDRP'ed in a second.

Trust me, I've been there.
 

mindways

Established Member
Impact
14
That's a question with a very complicated answer, not the place here.

Talk to your lawyer. Ask them about Nice classes, seniority, opposition on trademark filing (you need to file your own tm to be sure) and especially UDRP. In practice, you might get UDRP'ed in a second.

Trust me, I've been there.

I understand. I would definitely talk to the lawyer if I wanted to start my business on the name. However, I add that the domain is just for the purpose reselling.
Would reselling the domain get less likely complicated or it is same as what you stated above?
 

jberryhill

Top Member
John Berryhill, Ph.d., Esq.
Impact
5,292
Would reselling the domain get less likely complicated

Why would you or anyone else perceive the name as valuable? If the reason is "because it is similar to an existing trademark", then the answer should be obvious.
 

mindways

Established Member
Impact
14
Why would you or anyone else perceive the name as valuable? If the reason is "because it is similar to an existing trademark", then the answer should be obvious.

Suppose that in telecom brands, a keyword 'comm' is on trend. Now many of people would buy names with 'comm' like Commthis, Commthat. If a specific name with comm was trademarked, then it'd give rise to this scenario.
 
Name Worth