Domain Question Part 2

Lets say a company trademarks "dark" for chocolate, indeed they own the trademark and rights to "dark" for chocolate. Meaning anyone out there that infringes on that and creates another "dark" for chocolate would be wrong and violate that trademark.
My point is that many people can trademark "dark" as long as it doesn't apply to chocolate. A person could trademark "dark" for tea, or "dark" for coffee beans, and they should be clear from any sort of trademark infringement because those trademarks for "dark" don't apply to chocolate.

To continue this, the company that trademarks "dark" for chocolate, buys the domain name and creates a site for "www.darkchocolate.com".

Later on down the road, not knowing there is a trademark for "dark" and chocolate, I go and purchase a domain and create a site for "www.darkcoco.com" cuase I want to have a site about dark brown colors and not "dark" chocolate.

Now lets say my dark coco site might be about coffee beans, or something of the coco color, but it doesn't pertain to chocolate as what the other company has their "dark" trademarked for. My question is, am I guilty of trademark infringement for running a site called www.darkcoco.com cause it may mean to some people dark chocolate even though on my site it says it does not and my site clearly states that it doesn’t nor does it resemble the other site or compete or is there to make a profit, do I have to give up my domain name because it may seem too similar?

With that, can I trademark “dark” for coco
and then have my "www.darkcoco.com" site?

Does this make any sense?

You are now in the most theoretical what if stage.

As the word "Dark" is a descriptive term, which raises new complexity, instead of DARK, let's say you used the fanciful "R Us " and did cocoRUs.com. Could the folks who trademarked Toys'RUs stop you? They did stop others from using clothes R Us as courts look at the likelihood of legitimate brand extension and consumer confusion and the impact of dilution on the fanciful brand.

------------------
To retain a lawyer, I suggest you go to http://AttorneyPages.com which is endorsed by the Association of Trial Lawyers of America. This response is intended as general information only and NOT LEGAL ADVICE. As you are not my client I have no obligation of any kind to you.

theoretical or not, this is happening everywhere between business and normal joes just wanting to have a simple web page and domain.

Is there anyone out there that can answer this or just beat around the bush, does this type of thing have to be decided in a court of law or what?

if you all want a big laugh about all of this you should all goto http://www.sonyps2.net and see what SEGA is doing with a sony / ps2 domain name!

Im just a small guy in this internet world that just wants a lousy domain name that happens to be (if you really wanted it to mean) the same thing or could mean the same thing.... the fact is no one here has a stupid answer to all of this

Very Very Frustrating!

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Jaylee:
theoretical or not, this is happening everywhere between business and normal joes just wanting to have a simple web page and domain.

Is there anyone out there that can answer this or just beat around the bush, does this type of thing have to be decided in a court of law or what?

if you all want a big laugh about all of this you should all goto http://www.sonyps2.net and see what SEGA is doing with a sony / ps2 domain name!

Im just a small guy in this internet world that just wants a lousy domain name that happens to be (if you really wanted it to mean) the same thing or could mean the same thing.... the fact is no one here has a stupid answer to all of this

Very Very Frustrating!<HR></BLOCKQUOTE>

If you think you are frustrated, put yourself in our position. You have not provided the actual facts but just simply give examples, what ifs, theories and may be a questionable hypothesis at best, yet still demand that we give you a solid answer. How the heck can we give you straightforward responses when you have not provided the foundation and basis as to which and answer can be derived from?
There are many very knowledegeable attorneys whom contribute on this website, but we are not mind readers and psychics. We do not know the true domain names that are the subject of this conflict. You, not us are the one that is beating around the bush.
Here we are nice enough to give you our responses based on the mere scraps of limited information given to us, yet you continue to exhibit your frustations at us, the very ones that could help you.
As a matter of fact, I represented a national Fortune 500 company that was involved in a national domain name/trademark lawsuit. If you had given the exact names of your domain and the one from the company that sent you the c/d letter, I could have given you free advice and the most updated applicable domain name/trademark case law.
You will continue to be a small guy in this internet world if you maintain the same unappreciative and condescending attitude.
If other contributors wish to help you that is fine with me.

I get frustrated because I have given exact examples without releasing my domain or the domain of the people that are acting with the cease and desist request.

All the facts are there, and Im not beating around the bush. I wish not to release the specific domain name and their domain name, and in doing so I have given exact examples.

If nobody can give advice based on this, then I don't understand why no one can't.

Facts that I've stated thus far

1 2 domains may have a likeness, but are not exactly the same, or could mean the same thing. i.e. "dark chocolate" and "dark coco"
and of the domain only "dark" is trademarked.

2 both sites exhibit different content, none of it is related to one or the other in a business sense or otherwise.

I am not a business, I do not make a profit, I do not sell goods or services, I am not doing it to obtain a piece of their market, and I am not sitting on the domain name to try and sell it.

In good faith I have put a link to their site from the main page to avoid any possible confusion.

It would seem to me, without having to release the domain name on this board, or to complicate things. All the above listed are facts, and all of the statements are as exact to the scenario as they could possibly be. The only beating around the bush has me not releasing the actual domain names.

I'm sorry for that, but if I knew anything about law, and I had the above information I think I could come up with some sort of direction or advice based on the information provided..... and I have so far without anyone on this board providing it for me.
http://www.arb-forum.com/domains/domain-decisions.html
http://www.icann.org/udrp/proceedings-list.htm
http://www.icann.org/udrp/udrp-rules-24oct99.htm#5

Interesting that I can get so much from the web on my own..... I would like to praise this site for the worth it has proven but on the contrary, thanks um for the help.

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Jaylee:
I get frustrated because I have given exact examples without releasing my domain or the domain of the people that are acting with the cease and desist request.

All the facts are there, and Im not beating around the bush. I wish not to release the specific domain name and their domain name, and in doing so I have given exact examples.

If nobody can give advice based on this, then I don't understand why no one can't.

Facts that I've stated thus far

1 2 domains may have a likeness, but are not exactly the same, or could mean the same thing. i.e. "dark chocolate" and "dark coco"
and of the domain only "dark" is trademarked.

2 both sites exhibit different content, none of it is related to one or the other in a business sense or otherwise.

I am not a business, I do not make a profit, I do not sell goods or services, I am not doing it to obtain a piece of their market, and I am not sitting on the domain name to try and sell it.

In good faith I have put a link to their site from the main page to avoid any possible confusion.

It would seem to me, without having to release the domain name on this board, or to complicate things. All the above listed are facts, and all of the statements are as exact to the scenario as they could possibly be. The only beating around the bush has me not releasing the actual domain names.

I'm sorry for that, but if I knew anything about law, and I had the above information I think I could come up with some sort of direction or advice based on the information provided..... and I have so far without anyone on this board providing it for me.
http://www.arb-forum.com/domains/domain-decisions.html
http://www.icann.org/udrp/proceedings-list.htm
http://www.icann.org/udrp/udrp-rules-24oct99.htm#5

Interesting that I can get so much from the web on my own..... I would like to praise this site for the worth it has proven but on the contrary, thanks um for the help.

<HR></BLOCKQUOTE>

If had to go to court and represent you with the information and suppositions that you have provided, I would be the laughing stock of the courtroom.

Judge: Mr. Lee, what is your domain name and what is the trademarked domain name of the Plaintiffs.

Mr. Lee: well uh...I can give you an example of a scenario that comes real close to the real name but is not my exact domain name.....let's start with dark or sprint. You see......I changed the information on my website so that readers would not be confused, blah, blah, blah,,,,,yada, yada, yada,.... yak, yak, yak.....and in conclusion.....

Judge: (snoring then awakes) Gavel hitting the bench. "Judgement in favor of Plaintiff. Case closed, court adjourned. Next case"

[This message has been edited by HomeGuru (edited November 07, 2000).]

Like I said, Thank you for the magnitude of information that you have provided, it has been somewhat educational and entertaining at best.