QUESTION
For example, there is a company using "Horse Information" as their trademark & business name. They have "horseinformation.com" as their website. If my
Asked on Apr 19th, 2012 on Intellectual Property - New Jersey
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For example, there is a company using "Horse Information" as their trademark & business name. They have "horseinformation.com" as their website.
My company is called "Equine Services" but my website URL is "horseinformation.org". Might they have any infringement claim against me?
Please note, I do not use Horse Information in my logo, in my trademark, or in any way to be my brand identity. I merely use the .org URL for my website. (I have not used the actual trademark name in my example)
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1 ANSWER
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Nancy J. Flint Attorney at Law, P.A.
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Whether you should be concerned depends on whether the other company has trademark rights in "Horse Information" and whether you registered your domain name "in bad faith." First, the company that is using "Horse Information" as a trademark and business name must have trademark and trade name rights. "Horse Information" for providing information about horses may be a generic term and not entitled to protection as a trademark at all. If the term is generic and there are no trademark rights, then your domain name may not be objectionable. Second, if you registered your domain before they started using "Horse Information" as a trademark (assuming that this can be protected as a trademark at all), your registration may not be "in bad faith." You should consult a trademark attorney on both of these issues.
Answered on Apr 22nd, 2012 at 12:04 PM