I’m working on a fee-based online puzzle web site called emindquizzes.com (an hypothetical example). mindquizzes.com is owned by a company called “Mind Quizzes” that sells board games. The company name was trademarked before I obtained my domain. Am I risking to have trademark infringement issues by using emindquizzes.com for my business? Thanks a lot.
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"Can I Use A Domain Name Similar To A Trademarked Name?" was posted on Friday, October 23rd, 2009 at 5:25 pm.
3 Responses to “Can I Use A Domain Name Similar To A Trademarked Name?”
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That domain name is too similar and the products offered too similar, so the likelihood of confusion over the origin of the site would be very high. That would be trademark infringement.
No. They will sue you out of existence. Making a similar or confusing mark of any kind, including a website designed to confuse or misdirect consumers constitutes trademark infringement. Best advice — don’t do it. Think of those guys who got sued by Scrabble for setting up Scrabulus.
Look at recent “Scrabbulous” case in which they were sued by the owners of Scrabble board game for copyright and trademark infringement for running an online version of the board game.
Generally, putting “e” in front of an existing brand is not sufficiently distinctive to avoid trouble.