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Need advise on domain name

Posted by . updated on 11/11/2009
Hi,

I'm building a website that will offer brain exercises, possibly for a subscription fee for the premium content. I need an expert advice whether the domain name I have registered may be considered as a copyright infringement. My domain name is an 'e' added before a trademarked name; For example, if the trademarked name is apple321.com, my domain name is eapple321.com. apple321.com (as example) promotes a physical exercise system that, as they claim, improves mental performance. My site will offer web-based mental exercises. I've almost abandoned this domain name in order to avoid any future conflict, but still like to have a final word from an expert.

Thanks.

AM
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Answers (3)
 
JSonnabend
It's next to impossible to give you clear guidance based on your hypothetical, as the likelihood of confusion analysis is highly fact specific.  That said, however, if you are merely adding a letter to another distinctive mark for similar services, you're likely infringing.

- Jeff
 
 
Spielman
You also need to realize that the trademark owner, could choose to use a Domain Dipsute Proceeding under the UDRP, instead of federal court litigation. In that case, many of the UDRP panels have found that merely adding a single letter, is not enough to overcome the confusion issue. (See WIPO Case No. D2008-0259 and WIPO Case No. D2004-0552) Of course, without more specifics, it is hard to give an opinion. You should reallty speak with an attorney and evaluate your risks.

Darren Spielman
Kain & Associates
www.ComplexIP.com
 
 
iplartm
Thanks a lot for the replies. I'll take your advise and will stay away from the trouble. Again, thanks for this great and really useful forum!

AM
 

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Hi,

I'm building a website that will offer brain exercises, possibly for a subscription fee for the premium content. I need an expert advice whether the domain name I have registered may be considered as a copyright infringement. My domain name is an 'e' added before a trademarked name; For example, if the trademarked name is apple321.com, my domain name is eapple321.com. apple321.com (as example) promotes a physical exercise system that, as they claim, improves ment...

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