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VRPdommy · 06-09-2016, 05:33 AM

While owning the domain itself is not a crime or necessarily infringement.

It is the "use of the name" that if it becomes "CONFUSINGLY SIMILAR" to the description of the mark, the domain name itself will be like a extra nail in your coffin as to your intent to confuse the mark.

A trademark is a MAKERS MARK. You may not benefit/profit from being confusingly similar to it. It represents you as to the quality one might expect in goods and services.

If you can establish rights of you own to the name that predate the mark, you have a argument for use.

But to use a domain that is confusingly similar with a mark and with similar goods and services is not a winning combination.

06-09-2016, 05:33 AM
VRPdommy Too lazy to set a custom title Industry Role: Join Date: Oct 2014 Posts: 10,836	While owning the domain itself is not a crime or necessarily infringement. It is the "use of the name" that if it becomes "CONFUSINGLY SIMILAR" to the description of the mark, the domain name itself will be like a extra nail in your coffin as to your intent to confuse the mark. A trademark is a MAKERS MARK. You may not benefit/profit from being confusingly similar to it. It represents you as to the quality one might expect in goods and services. If you can establish rights of you own to the name that predate the mark, you have a argument for use. But to use a domain that is confusingly similar with a mark and with similar goods and services is not a winning combination.