Where do you draw the line as far as a "confusingly similar, trade mark infringing domain name"?
Posted on Mar 10, 2008 under domain news and reports |Ok I will use made up names for examples
Person #1 owns a federal trade mark called ("GamingKingdom"), and owns GamingKingdom.com which sells ebook strategy guides.
Person #2 goes and buys HaloKingdom.com and starts to sell Halo ebook strategy guides.
Is there anything confusingly similar about those two enough to be trademark infringement?
March 10th, 2008 at 3:15 am
My opinion would be no.
That said, when it comes to rulings on purely subjective matters like these, the opinion of anyone but the hearing officer himself is worthless.
Richard
March 10th, 2008 at 3:15 am
metallica….
master of puppetss..
californian governer…
hmmm…red hot chili paper say..californication..??
March 10th, 2008 at 3:15 am
In your example, the work "kingdom" is not the trademark or service mark. "Halo" would be the identifier that would be protected. However, if "Gaming Kingdom "was trademarked, the creators of "Halokingdom" could be in violation of the Federal dilution Act of 1995. The Federal Dilution Act of 1995
has three fundamental requirements:
1. The mark must be famous.
2. The use by the other party must be commercial.
3. The use must cause dilution of the distinctive quality
of the mark.
#2 is dancing all over the line, if not crossing it.
July 28th, 2009 at 12:48 am
Tyra 8teen
July 28th, 2009 at 12:49 am
Alicia Loren
July 28th, 2009 at 12:50 am
Seth Dickens
July 28th, 2009 at 12:51 am
Its A Big Black Thing