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OK, so as an example 'The Blue Whale' is trademarked and I want to register the domain, 'BlueWhale'.
Is this OK and unlikely to cause any issues down the line? What do you reckon?
It depends. It is impossible to answer a question like that fully, without more details.
In this example blue whale clearly is a generic term that would make a good brand for many uses.
However, it is protectable as TM as well, especially in an unrelated field.
If it was a suggestive TM, like for instance seafood related, that might not be as protected.
Brad
Assuming that 'The Blue Whale' is a software company, would it still be a trademark infringement if he (or the buyer) uses BlueWhale.com for a restaurant?
I think it would be very hard to successfully argue that it is infringing in that case.
They are totally unrelated fields.
Brad
Which brings me to my next question...
Based on your response, is it still a bad idea for a domainer to register BlueWhale.com for resale since he/she has no control over the end-user's application of the domain?