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If a company has a domain name "abc.com" and that company has the servicemark or trademark for "abc.com" , If "theabc.com" is registered by some other company / person, Will this "theabc.com" infringe the trademark of "abc.com".

Here abc.com is just an example, the domain name can be anything...

Comments (12)

Well, I think yes, the user may visit THEABC.com in confusion...

Comment #1

A lot would depend on what you were selling if its a completely different item most likely not&.

If its the same (unless it were a generic term) then they may have a case for you registering in bad faith, cyber squatting, passing off etc they would still have to prove it...? e.g news international .com part of the Murdoch group they cannot stop the likes of lordsnewsinternational .com etc etc using the term news international..

Comment #2

Here I am speaking of the entire domain "abc.com" trademarked for example if "domains.com" is trademarked, then if another company owns the domain "thedomains.com" , will "thedomains.com" violate the trademark of "domains.com"..

Comment #3

The comapany has the trade mark for "domains" not "thedomains" if "domains" sells iceream and "thedomains" sells car parts they would find it very very hard as I said it's how generic is the word.

A trademark is a distinctive sign or indicator and typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish it's products or services from those of other entities.

In the usa a trademark used to identify a service rather than a product is called a service mark or servicemark.

Also remeber that Trademarks rights must be maintained through actual lawful use of the trademark. These rights will cease if a mark is not actively used for a period of time, normally 5 years in most jurisdictions...

Comment #4

Yes here it's servicemark for the "domains.com".If both the sites provide information about domain registrations and pricing, Will "thedomains.com" violate "domains.com" servicemark...

Comment #5

Is it a generic word or not ?

There is also the occasion when words become very common in use that the trademark can no longer be inforced e.g domains.com could not stop someone using thedomains.com because the word domains is a generic term/word to describe domains.

If it were werwerwerdomains. com they could not stop you using the word "domains" as it's generic but the word werwerwer they could as it not a generic or even real word so if you registered "thewerwerwerdomainscom" then they would have an open and shut case because you are using there word werwerwer to promote the sales of the same item a registration likely to cause confusion or in bad faith..

Comment #6

Yes the term is a generic word.

Take "cancer.com" as example, If a company owns a servicemark for "cancer.com" domain and another person holds "thecancer.com" , both sites are providing information about cancer treatment and symptoms etc.

Does "thecancer.com" domain violates "cancer.com" servicemark ?

Since "thecancer.com" contains "cancer.com" in it, is "thecancer.com" not infringing on the servicemark of "cancer.com" ?

Comment #7

Does "thecancer.com" domain violates "cancer.com" servicemark ? simple answer no.

You have to remeber that just because it does not violate it does not mean they may not try,,, and even if you have the trademark does not mean you win ??.

According to the guidelines and relevant decisions presented by the WIPO Arbitration and Mediation Center (Center), generic (dictionary) words can be used as a domain if the web page to which the domain resolves shows information pertaining to that term as understood in common speech (i.e. apples.com resolves to a web page relating to an apple grove in Washington state and not to Apple Computers) etc etc....

This article may help you understand it a little more DNJournal.com - Legal Matters: "Generic Words" As Domain Names..

Comment #8

Miller thanks for the reply, I read that article in DNJournal.

So you are sure that "thecancer.com" domain does not violate the servicemark of "cancer.com" ?

Comment #9

I found this about SM, Service mark - Wikipedia, the free encyclopedia.

Anyway, what is your domain?..

Comment #10

I am just trying to know about this issue since it's bit confusing...

Comment #11

A thousand pardons if this is giving too simple an explanation when there isn't necessarily, but that is.

Essentially where it boils down to. Look up likelihood of confusion.

Some questions, but not limited to them, for the OP:.

1. Did you register that domain name because you heard of that company that (possibly) is using that.

Word or so as a trademark?.

2. Does your domain name show any commercial content similar to what that company is doing?.

Naturally you don't have to answer either one. If the party in question decides to make it an issue via.

The Uniform Dispute Resolution Policy or Anticybersquatting Consumer Protection Act (look them up in.

Google also) in the U.S. for especially .coms, then it's up to you to decide if you want to keep the one.

You registered or probably...probably...try to make money off.

It practically boils down to knowing who you're dealing with...

Comment #12


This question was taken from a support group/message board and re-posted here so others can learn from it.

 

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