Question about trade marks

[dotcomsonly]

I have read from the beginning never to step on trademarks. but then at the same time I have read of good sales being done w domain names that are the same as other's business names.

example: it is clear registering "disneyproducts.com" is a no no.

but on the other hand suppose I had the domain "onegreatmedia.com" if there is someone out there with "onegreatmedia" as a business name, can they take my dotcom? I have heard of terrific sales being done w the latter.

can someone provide some insight into the difference if there is any?

 

[jberryhill]

can someone provide some insight into the difference if there is any?

Sure. Trademarks are different. The strength of a trademark depends on a number of things, but you seem to understand this implicitly:

example: it is clear registering "disneyproducts.com" is a no no.

Okay, so what makes you say that? You are correct, but what leads you to say "it is clear"?

 

[dotcomsonly]

I'm trying to understand this stuff, after reading other threads it seems the word "Disney" has literally no other meaning than the trademarked business. and in the former the phrase could mean lots of things and businesses.

 

[jberryhill]

it seems the word "Disney" has literally no other meaning than the trademarked business

Actually, it's the surname of the company's founder, and is the surname of anyone else named "Disney". HOWEVER, it has become so strongly associated in the minds of entertainment consumers with that one company, that virtually any use of the name in business is likely to be be perceived as being associated with that company.

Some trademarks are stronger than others, either by being inherently distinctive (i.e. made up words with no other meaning) or by having acquired a very strong reputation. Some trademarks have a strong reputation in a particular specialized field, such that the use of the mark for other goods/services is not likely to cause confusion, and some trademarks are so well known that use for any goods/services is likely to cause confusion. Some trademarks are well known in a limited geographic area, and some trademarks are well known internationally.

They are not all equal, and the questions here tend to reduce "is it a trademark?" to a binary proposition. In actual dispute situations what matters more is "what sort of a trademark is it?"