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Trademark Infringement?(domain name? Grahic textual image?)
Please can anyone help me?
frenzy77

10+ Year Member



 
Msg#: 1964 posted 12:09 pm on May 9, 2004 (gmt 0)

Hello everyone:)

I'm new here and I have a couple of questions on the topic of Trademark infringement.

If someone else has a company say for instance xyz.com and their sector is in say in web design and someone else has a company called for instance say xyzwalk.com. Except this company has an added specific word in their domain name and deals with exercising. They share in common the first word but the second company has an added word that clearly separates them for being thought of as the same company. *Also, the company name is not a specific "word" like a famous brand name. Example: "...soda", or ".....basketball"

Q. 1. If the first company has a trademark on this domain, would it be thought of as trademark infringment?
They are clearly differently related fields.(Also the company with the trademark is not a worldly recognized brand. It's just a small company on the internet.)

Q. 2. Using the above scenario, Would it be safe to say that someone could use the xyzkeyword.com and not get into trademark infringement troubles?

Q. 3. How would anyone avoid getting into trademark infringement trouble?
I have seen some companies on internet with similar nameing(as far as keywords goes) such as the above scenario.

Q. 4. Lastly if there was a company named for instance say xyzrun.com and the sector was for instance "exercise", since this word(exercise) is used as a search keyword, can someone use this
keyword or keyword phrase(**any searchable keyword or keyword phrase) as a large text type image at the top of their page to describe the site and not get sued for it?

Q. 5. Would this be trademark infringment? It is a common search keyword.(exerise)

Ex. Large text image= blah exercise

I ask the last question because I have a large text image on a site I'm building and just recently I found out about trademark infringment. I don't want to get rid of the image because I have no idea what to put in it's place. It totally ruins the style of
my site if I have to get rid of it.(*please don't forget to address this question.)

Can anyone please help me? As I am having trouble figuring out a good domain so I can avoid getting sued.
*Please address each question separately and provide as much information as possible.

Thank you to all:)
frenzy77

 

PatrickDeese

WebmasterWorld Senior Member 10+ Year Member



 
Msg#: 1964 posted 4:58 pm on May 9, 2004 (gmt 0)

I think that is depends on the actual name for instance

"planet internet" - could be copyrightable - but the copyright holder couldn't own the copyright for either word in of or by itself.

however using a name like "exxon" could get you into trouble because that word is brand name and has no uses other than in reference to the petroleum company.

so, if you chose a domain like ExxonExercise.com - you would probably be hearing from their lawyers, however if you had PlanetExercise.com - there's most likely nothing that PlanetInternet.com could do.

BTW: IANAL, all legal decisions should be made with appropriate legal counsel etc etc.

jim_w

WebmasterWorld Senior Member 10+ Year Member



 
Msg#: 1964 posted 5:55 pm on May 9, 2004 (gmt 0)

>>Q. 1. If the first company has a trademark on this domain, would it be thought of as trademark infringment?

From a Motorola Attorney told me, as long as the end user could not be confused, there may not be a trademark issue anyway. Motorola lost a case from a shirt company in New England that was named Motorola. The judge decided that the public would not be confused between Motorola the Electronics Company and Motorola the shirt company.

>>Q. 2. Using the above scenario, Would it be safe to say that someone could use the xyzkeyword.com and not get into trademark infringement troubles?

Depends on if the services and or products could be confused with the trademark holder.

For example, I as well as others have part of a Motorola trademark in our domain and/or company name, however, because of disclaimers and the fact that the Motorola logo does not appear on any of the sites, and none of these companies are electronics manufacturers, Motorola has never bothered anyone about it. But this particular trademark may not be enforceable which may also be why nothing has been done.

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