I am going to be consulting a trademark attorney but I'd be interested to know if anybody has experience or an opinion on this kind of situation:
I'll use the example of "olive oil" as the term, although that is fictitious, but the generic term is as common as that and a two-word term.
This is *not* something like Xerox--this is a generic descriptive term used for hundreds of years. It's so generic it's often used as an industry classification in official documents.
1. Trademarked "olive oil" for the print/magazine category. (5 years)
2. They have a magazine called "Olive Oil". (10 years).
3. They own OliveOil.com, but do not sell olive oil, only articles from their magazine.
4. They appear to be a fairly small company, not a big conglomerate and I couldn't find any history of litigation.
5. There are a couple other active sites with similar domain names not owned by them (small stores with 1997-style sites or parked domain)
1. OliveOils.org (remember this is a fictitious example, I don't own that specific domain!)
2. I plan to file a trademark on a name similar to "Olive Oils" but with an additional appended word like "The Olive Oils Group".
3. My site will both sell and review "Olive Oil". It looks 100% completely different from their site and logo.
Does anybody have any personal experience dealing with an issue like this or recommendations so that I can better defend this if/when it becomes an issue?