U.S. Trademark Question
 

A buddy of mine wants to start a site, it's his first one. I do mostly affiliate stuff, so I'm new to what he's asking. But, I told him I would ask around.

He has a pretty decent domain name, with a common phrase + a common word. The problem is, there is a trademark held with a similar name. He wants to know if he will have any issues.

This is hard without giving out his domain name, but here's a good example:

His domain is comparable to NSFWBoys.com
With this example, there is a trademark for NSFW Boyz (yes, with a "z")

It appears to be a musical group of some sort. Here are some of their trademark entries:
1. musical recordings
2. entertainment services in the nature of personal appearances featuring a musical group
3. printed matter, namely posters, sheet music, song books, tour books featuring a musical artist

There is also a disclaimer that says: NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "BOYS" APART FROM THE MARK AS SHOWN

So, would it be possible that he will be receiving a letter from their attorneys if he opens a site called NSFWBoys.com, featuring adult material?

Thanks for your help.

Nobody ?

You're not getting responses because this is a very nuanced question. It's not something you should take the advice of GFY members on -- you need to consult a lawyer.

Something more cut and dry, we can take an educated guess, but there are too many variables here. Sorry.

Lots of sound logic here lately. Not quite balancing out the bullshit, but it's a start.

reality is, no one likes to be in any way associated with porn, so it doesn't really matter whether they have a case or not, if the band has $$, they'll probably fuck with you anyway...

Maybe a TM issue and definitely a domain issue.

I just registered CocaKola.com - think I might have a problem ?

If he has tens of thousands to pay a lawyer to fight to keep his domain name - roll the dice. He's got a legit argument. Different classes of use.

Delta Airlines - Delta Faucets
Lucky Jeans - Lucky Cigarettes
Continental Airlines - Continental Sausage

Check out this site, great info. Barely Legal Radio

Can you race your motorcycle without a helmet and protective gear? Of course you can. Is it a great idea? Obviously not. Is it safe or responsible or even mature behavior? If you're already retarded... possibly.

This is from a WIPO decision we won:

Trademark is like Michael says; we were awarded and acronym trade mark, e.g.; ABC, that was the same as a Bank's trademark, they were a bank in Spain and we were an unrelated business in another country -- there was no possibility of confusion or dilution of the bank's trademarked brand.

Again like Michael said; ''(i) the Domain Name is identical or confusingly similar to a trademark or service mark in which the Complainant has rights; and'' at very least any WIPO arbitration will be a pissing contest ...