Dominion.Domains

Trademark question?

Labeled as trademark in Legal Discussion started by November, Jun 6, 2018.

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  1. November

    November Active Member VIP

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    I need some opinions if you think there is any possible trademark issue with this:
    example: There is a trademark and website HASTAPAY.com
    is there a trademark infringement if I register PAYHASTA.com ?

    What do you think?
     
    Last edited: Jun 6, 2018
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  2. Dominique

    Dominique Established Member

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    Hello @November!

    PAYHASTA is confusingly similar to the HASTAPAY and there is a high possibility the Complainant (Hastapay) would succeed on the first element, in my opinion.

    Is there a trademark infrigement if someone register PAYHASTA.COM?
    Yes, BUT ONLY IF Complainant prove the second and third UDRP elements.
     
  3. November

    November Active Member VIP

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    Here is only example, but my domain is similar to this example.
    I'll keep the domain... and see what will happen O_o I feel that I have to keep the domain!
     
    Last edited: Jun 6, 2018
  4. wayne wooldridge

    wayne wooldridge Interception VIP

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    It depends. Is it intentionally similar? Are you using it or simply parking? How long have you had the domain? It's hard to say exactly without knowing more than just name similarities.

    Palpay.com is a good example of how this is not always a problem.
     
    Last edited: Jun 6, 2018
  5. November

    November Active Member VIP

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    The domain is 1 english word + 1 non english word, that's why I was wondering if there is a problem, because the non english word. Pay is popular word and it's not a problem.
     

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