question How to know if your domain is trademarked

[Kenny How]

Hi all!

I know the obvious answer to the above question is to type in your domain name into USPTO Trademark Search System and see the results, but what if the search results give you some similar but not exact wordings?

For example, I bought "LuminaStyle.com". When I searched the trademarks engine, there are some results that had "Lumina" registered companies but if "Lumina" is genuinely trademarked, how come these companies are not suing one another for using their name?

I understand based on preliminary research that if a company uses a trademarked word but operates in a different business sector, they still might be able to use it but what is the yardstick to use when purchased a domain is a no-no?

Thanks in advance!

 

[dirk]

what is the yardstick to use when purchased a domain is a no-no?

Bad faith.

 

[Kenny How]

Bad faith.

Thanks for the quick response!

I have googled on "UDRP", seems that the legal text is very lengthy with regards to "bad faith". This is one website definition of "bad faith":

Paragraph 4(b) of the Policy lists four circumstances as evidence of bad faith:

(i) the domain was registered primarily for the purpose of selling it to the complainant or a competitor for more than the documented out-of-pocket expenses related to the name; or
(ii) the domain was registered in order to prevent the mark owner from using it, provided that the registrant has engaged in a pattern of such registration; or
(iii) the domain was registered primarily to disrupt the business of a competitor; or
(iv) by using the domain, the registrant has intentionally attempted to attract users for commercial gain by creating a likelihood of confusion as to source or affiliation.