R
Rich Z
Guest
What is the name of your state? Florida.
Take, for example, that someone else has a domain name called "hotrod.com*". You have a website yourself (StreetVehicles.com*) that is similar in services offered but not at all similar in appearance, and certainly in no way would be confusing to someone as to which site they are on. Both sites are about automobiles in one form of another, and deal with hotrods as a subset of the total subject matter on the site.
Events develop where you obtain ownership of the domain name "hotrods.com" and use referral linking to point this domain name to your own "StreetVehicles.com". The owner of "hotrod.com" files for a trademark of the domain name and while the application is still pending, files suit against you in federal court for trademark infringement.
Can a generic and descriptive name like "hotrod" be trademarked in such a circumstance? And even if so, would the use of a domain name that is the plural of such a term be considered as infringement?
* These names are ficticious and are only used as examples of an idea.
Take, for example, that someone else has a domain name called "hotrod.com*". You have a website yourself (StreetVehicles.com*) that is similar in services offered but not at all similar in appearance, and certainly in no way would be confusing to someone as to which site they are on. Both sites are about automobiles in one form of another, and deal with hotrods as a subset of the total subject matter on the site.
Events develop where you obtain ownership of the domain name "hotrods.com" and use referral linking to point this domain name to your own "StreetVehicles.com". The owner of "hotrod.com" files for a trademark of the domain name and while the application is still pending, files suit against you in federal court for trademark infringement.
Can a generic and descriptive name like "hotrod" be trademarked in such a circumstance? And even if so, would the use of a domain name that is the plural of such a term be considered as infringement?
* These names are ficticious and are only used as examples of an idea.