J
Jaylee
Guest
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?
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?