Widgets Gone Wild!

Could this be considered trademark infringement?

[geexter]

Hello All,

First, may I say that this is one of the best managed, presented, and informed forums on the net. I've been lurking and gleaning for a long time... and donations are in order.

Second, Widgets Gone Wild!

I would assume that most everyone has heard of the company that video tapes young people going wild. If I were to start up a website with the domain name widgetsgonewild.com, in anyone's opinion could this be considered trademark infringement?

The widgets I would be peddling would have nothing in common with the topic of G***'s Gone Wild, but in my case, be a nice hook.

If your opinion is that it could be infringement, what steps could I take to make widgetsgonewild.com work?

Examples:

1. Contact G***'s Gone Wild for their permission.
2. Contact an Internet lawyer for more input.
3. Launch the site and hope G***'s Gone Wild is enamored.

Thanks folks.

[rogerd]

I'd recommend researching what trademark claims the TM holder states (assuming it's registered or applied for). Also, the similarity of markets could play a role. Substituting "trout" for "widgets" as a title for a fishing website MIGHT be safer than a title and site topic that is closer to the original.

Some companies try to enforce broad rights - Toys 'R Us has sued various users of "R Us" and, I think, even "Are Us". If you are pursuing a substantial opportunity, I'd suggest doing some research and then consulting an intellectual property attorney.

Welcome to WebmasterWorld!

[mgream]

If your use of the terms "gone wild" are for a different product/service and not imitating style, form, etc and there is no confusion with the "original gone wild", then you are likely to be safe.

Problem may occur if the "original gone wild" is making an effort to own and claim a range of products and services under the mark "<something> gone wild". However, a quick search of USPTO TESS reveals about 50 "<something> gone wild" valid trademarks owned by different people.

"gone wild" generally by itself is too generic and lacks distinction to have a broad protection, however to properly answer the question depends upon the nature of your product/service.

Make sure you investigate whether anyone else has a registered trademark or operates in a confusingly similar way to your "<whatever> gone wild".