Domain Name - Trademark and other legal Considerations

[codewizard]

What is the name of your state (only U.S. law)? Delaware

Hi,
I am planning to create a website and need some guidance about the domain name - trademarks etc. The website will be a non commercial one - free to use and no ads (at least to start with). The domain name I would prefer is currently available. I might also create mobile apps later on.
I will like to know what considerations should I have - regarding trademark and other legal aspects, when choosing the domain name?
Specifically:
1. The planned name consists of two words - inspired by a popular song. However one of the words will be spelled differently (something like boyz instead of boys; just an example). The site is completely unrelated with the song.
2. I've searched in US Trademarks (tess2 dot uspto dot gov) with Word Mark search - the particular words do not get any hits. However - I found a Trademark and a website which uses the same 'mis'spellt 2nd word and the first word is somewhat of a synonym of the one I want to use. Again - the content is completely unrelated. Note - googling with my planned domain name does not give any significant results...

So should I bother about these or should I go ahead? Do I need any kind of permission? Should I Trademark my website domain name?

Thanks a ton...

 

[quincy]

What is the name of your state (only U.S. law)? Delaware

Specifically:
1. The planned name consists of two words - inspired by a popular song. However one of the words will be spelled differently (something like boyz instead of boys; just an example). The site is completely unrelated with the song.
2. I've searched in US Trademarks (tess2 dot uspto dot gov) with Word Mark search - the particular words do not get any hits. However - I found a Trademark and a website which uses the same 'mis'spellt 2nd word and the first word is somewhat of a synonym of the one I want to use. Again - the content is completely unrelated. Note - googling with my planned domain name does not give any significant results...

So should I bother about these or should I go ahead? Do I need any kind of permission? Should I Trademark my website domain name?

I suggest you have the specifics personally reviewed by an IP attorney in Delaware.

It is impossible to tell you, from the information you have provided, whether you can safely go ahead with your plans to use your chosen song name as a domain name/website identifier without knowing what the song name is or without a review of all facts surrounding your use.

The use of a song name, in general, is not prohibited under either copyright laws or trademark laws. Names and short phrases cannot be copyrighted and, if the song name does not already identify a business, product or service (or sometimes an individual), then it can be used as a trademark for your own business, product or service.

And, once you start using your trademark in commerce, then the domain name with the trademark can potentially be offered some protection, as well. You do not need to register your domain name separately from your trademark (and you don't HAVE to register a trademark at all).

Trademark law centers on consumer confusion, but there are additional factors a court will look at if your use of a particular name spawns a lawsuit. Generally the addition of a single "s" to another's trademark will still be viewed as infringement or unfair competition and generally the use of synonyms will not prevent an infringement or unfair competition lawsuit. Other lawsuits could be pursued as well, depending on all facts.

Again, without specifics, it is hard to give anything but the most general of information. I recommend you seek out the advice of an attorney in your area who can advise you according to these specifics.

Good luck.