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Trademark Confusions

Labeled as question in Legal Discussion, started by Domainer Sid, Mar 3, 2021

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380

  1. Domainer Sid

    Domainer Sid Established Member

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    Sorry If I am posting yet another thread, but I did not find the information I was looking for.

    Say there is a trademark named XXX and I want to register a domain with something like AAAXXX.COM
    or XXXAAA.COM where AAA can be a generic English word. Please suggest if such names are acceptable and do not violate the trademark rules by any means.

    OR if both AAA and XXX are trademarked, can I use them as a combination?

    Since most of the English common words are trademarked , does it mean that I cannot use them in my domain names?

    Any guidance would be highly helpful.

    Thanks,
    ~Sid
     
    Last edited: Mar 3, 2021
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  2. frostify

    frostify Top Contributor VIP

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    The general rule (take this with a grain of salt) is that if the domain can be perceived as 'confusingly similar' then the trademark holder may be able to file a legal dispute.

    Example 'Apple' is a trademark by the tech company but is also a generic word.

    AppleTablets.com - This would be a trademark violation and is not allowed.
    HealthyOrganicApples.com - This would not be a trademark violation because it's not confusingly similar.

    Hope this helps.
     
    Last edited: Mar 3, 2021
  3. Domainer Sid

    Domainer Sid Established Member

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    Thanks @frostify. And what about combinations? Example: Both Block and Chain are separately trademarked, but still we are openly using Blockchain as a single word. Why the owner of "Chain" not complaining that they are promoting to "block" their trademark?
     
  4. karmaco

    karmaco Top Contributor VIP

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    You are overthinking it. A trademark does not mean that no one else can use that word again in their name (with a few exceptions). If its a generic dictionary word you are likely good as long as you don’t conflict with their mark. If its A name that is universally recognized, trademarked and not a dictionary word example Google— stay away.
     
    Last edited: Mar 3, 2021
  5. TauseefKhan

    TauseefKhan Top Contributor VIP

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    You are right. almost every dictionary word is trademarked. But, there is a lot to it.
     
  6. DuDD

    DuDD Established Member

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    I think it depends on what the domain name is
     

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