Business Name / Domain Name Trademark Infringement Question

[jt8]

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


I am going to open a online store. My business name will also be the same as my domain name. For example my business name and domain name would be (example only) "sassyanimal". I did a search on the uspto.gov website and there is a registered trademark for a online store called (example only) "sassyfruit" that sells the same type of products I will sell online. Would this be a trademark infringement?

Thank you.

 

[Mass_Shyster]

It's really not possible to tell what a jury will decide. It may decide that you are infringing, or it may decide that you are not infringing.

The real question is: How much are you willing to spend to find out? When you receive a cease and desist letter from Sassyfruit's lawyer, will you comply, or will you tell them "See you in court"?

You will also need to know how protective Sassyfruit is of their trademark. If they're known to sue anyone who even comes close to infringing, you may have an expensive battle on your hands.

As an example, toysrus.com (Toys-R-Us) was successful against adultsrus.com (Adults-R-Us), but was not successful against gunsareus.com (Guns-Are-Us). I suspect Adults-R-Us and Guns-Are-Us incurred similar legal fees.

I think the tens (or hundreds) of thousands that you'll need to keep in reserve, just in case, would be better used elsewhere by a new business.

 

[FlyingRon]

First off, domain names are not ruled by any sane rule of law. The domain really isn't your problem.

Now they can argue trademark issues. The question would be whether there is likely confusion between your mark and theirs.
A good example (concrete rather than abstract) is Juicy. If you're selling women's clothing/accessories it is well advised you do not use any form of Juicy in your name.
They're pretty aggressive about it.

 

[jt8]

Need Clarification on Business Name Infringement

Thank you for replying Stevef and FlyingRon. I appreciate your insight.

I am having a difficult time finding a business name that would not be infringing.

To clarify if the word for example "peppermint" is a registered trademark with the uspto.gov and this company sells bags then I would not be able to use for example the words "peppermint frog studios" if my business is in the same industry and sells bags. Do I have a correct understanding of this example?

Thank you.

 

[FlyingRon]

It quite legitimately could be considered infringing. If you are too unimaginative to come up with a company identity that doesn't infringe on another, there are companies out there that can help you with that.