Will try to answer to those 3 questions
Quote:
Originally Posted by raymor
There are three key questions. First, likelihood of confusion. If SOME customers think that the second company is affiliated with or endorsed by the brand name company, that's a problem.
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There is no confusion of affiliation. For example there are many sites in hotel booking world. There may be hotelbookers, hotelseekers, hotelorders, hotelwhatever - they do the same thing (sell rooms) but not affiliated. Anybody can buy a domain name hotelwhatever.com and so the same thing.
So first answer - is no confusion of affiliation.
Quote:
Originally Posted by raymor
You mentioned "regular words". The question is if the words are "merely descriptive." The word "Apple" is of course a word, and a trademark. You can't marketyour brand of smart phone as "Apple" just because apple is a word. You CAN market pie as "apple" because the wired is merely descriptive of the type of pie.
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Thats understandable, apple is branded name. But are words from my example - "hospitality" or "club" branded? I doubt that.
Quote:
Originally Posted by raymor
That's the third and possibly most important part. If one party is clearly being an asshole and trying to make money by jacking someone else's name, they can expect the judge to treat them like an asshole.
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How is it possible to judge that? For example I thought of one domain name myself and only after that I found out that there is a similar and VERY popular one. Meaning that most of people could think that I thought of that domain name only because there is that popular site.
Once again take the same example. I thought of domain name hospitalityfriends.tld and then found out that there is highly popular and widely know hospitalityclub.org