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Trademark Query - Advice needed

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gazzip

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Hi All

example names only - if the word - FLEXDOLL was Trade marked would the domain -

DOLLFLEX .com be considered a trademark violation ?? please assume that there is not a website pretending to be - FLEXDOLL

Any light to this confusing issue of Trademarks would be appreciated.
 
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AfternicAfternic
DOLLFLEX .com be considered a trademark violation ?? please assume that there is not a website pretending to be - FLEXDOLL
I am not an attorney, so don't consider this professional advice. But I am reasonably certain that there is no TM infringement w/ your example, unless the alternative word grouping/order is also TMd. I would suggest that possibly confusing the consumer by duplicating the logo, graphics, content or product of the TMd version is not a good idea, however.
 
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Grrilla said:
I am not an attorney, so don't consider this professional advice. But I am reasonably certain that there is no TM infringement w/ your example, unless that word grouping/order is also TMd.


Thanks Grrilla, Hopefully I will get my head around TM before I get a letter from any lawyers !!!

I guess if someone was accusing you of Trade Mark infringement most would be content if you handed over the name - (unless you profited from it)

would that sound about right ?
 
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I am not an attorney, so don't consider this professional advice

Good Advice Regardless

What if the beginning of a domain is Tm'd but not the whole domain?

Like say Disney is Trade Marked

but DisneyCruise isnt

DISNEY CRUISE LINE Is :(

is it still liable to be taken away?
 
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"Disney" as a TM is a sufficient cause for them to claim the domain if they so wish.

Iravan said:
Good Advice Regardless

What if the beginning of a domain is Tm'd but not the whole domain?

Like say Disney is Trade Marked

but DisneyCruise isnt

DISNEY CRUISE LINE Is :(

is it still liable to be taken away?
 
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Iravan said:
Good Advice Regardless

What if the beginning of a domain is Tm'd but not the whole domain?

Like say Disney is Trade Marked

but DisneyCruise isnt

DISNEY CRUISE LINE Is :(

is it still liable to be taken away?
Now your pulling me out of my depth. The Legal Issues and Disputes board has some an attorney or two, and one member, (that I am aware of), jberryhill, specializes in this sort of thing. I would suggest that you post your question at that board. Also, searching the archives w/ "Advanced Search" will turn up some very useful information: http://www.namepros.com/forumdisplay.php?f=60

"Disney" as a TM is a sufficient cause for them to claim the domain if they so wish.
I agree. The only time that I got close to getting into hot water w/ TM issues was when I used the stock ticker symbol for Google which is "Goog", as I recall. My understanding is that stock ticker symbols cant be TMd, so, I suppose I could have fought them, but why bother? There are too many other fish out there to fry. I immediately responded to their *friendly* inquiry, signed the names over to them and they sent me a cool T-Shirt.
 
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I immediately responded to their *friendly* inquiry, signed the names over to them and they sent me a cool T-Shirt.

Lol Ill do the same if I get 1 :lol: hehe

maybe ill get a free cruise ;)
 
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