Trademark question

[campout]

All right trademark gurus! I've got a question for you:

Let's say there is a company in existence called BirdWord, which owns the site BirdWord.com. They teach parrots how to speak.

Now I discover that WordBird.com (simply the words in reverse order) is available.

Am I violating the trademark of the company if I register it? If I use it in a different industry? What if I start my own company teaching parrots how to speak on the site?

 

[iowadawg]

You good to go.

 

[dollarfield]

I don't know whether the domain 'birdword' is registered as trademark. Even it is registered as trademark I don't think you would violate the trademark. As far as I know domain trademark violation is usually associated with registering same domain with different extension.

 

[campout]

BirdWord / WordBird is just a made-up example.

Let's say I register GardenOlive.com - am I infringing on Olive Garden? Only if I start an Italian restaurant?

 

[NameFit]

I would say, if you are in the same business and have reverse ordered name, yes you are definitely violating the trademark on the reasons of 'confusingly similar'.

If you use it in entirely different industry, there are still challenges to face. Most of the names under UDRP - the defendant has to prove that they did not register the name in bad faith and in most of the cases, the best defense the defendant has is that they registered the name before the claimant's name was trademarked. But if you are registering a name afterwards, even though you may be in different industry, it will not be a good defense.

 

[dollarfield]

I second @NameFit

 

[Optimal Names]

I second @NameFit

I agree too but his best bet is to consult with an attorney.

 

[PuSin]

A domain name registration is a trademark issue when intent of BAD FAITH is there...
In your case, I believe its not a trademark infringement if:
1. You do not use the name for a similar industry...
2. You do not ask the company to buy this name from you...(Clear bad faith...You want to make money from a established company name)
3. You do not confuse the potential customers of that company by parking your name with similar advertisements.

Even the same names are shared by multiple companies offering entirely different products/services even in the same country.

Try not to teach parrots under wordbird.com even if the company has trademark in different country than you reside in...and even if the company does not have trademark rights in your country...More chances still are that you would lose the legal battle...
But you can sell language software in the same country under wordbird.com...
The other point is the strength of the trademark...
Even if you deal with anything related to technology with the name apple, I believe that would be a GRAVE scenario....(strength of trademark!!!!)
Its always advisable to have legal help before plunging in these waters if you are not sure!
Hope this helps!