Can you infringe on a generic name?

[sunroof]

I have a generic name that is missing the second letter (this isn't my name, but think something like cmputers.com). I want to use my name to sell the product described by the name, but someone else is using the full name (computers.com).

If I use my name to sell the product, am I infringing on the owner of the full name? I don't think so, but I wonder what others think.

I look at Computer.com and Computers.com, which are owned by different companies, so I don't think my name should be a problem. Thanks.

 

[flamewalker]

If it is a truly descriptive term, such as computer to sell computer, or apple to sell apples etc, you should be fine in most circumstances. Descriptive terms cannot be trademarked (ie Computers, Inc can't tm 'computers').

Now, if there was a company called, say, Apple, selling computers and peripherals , and you got Aple.com, and tried to sell computers and peripherals, there would be a problem. A big one.

Descriptive terms can be trademarked for other uses than the descriptive meaning. So watch out for that.

Also, you can infringe if Computers, Inc got their logo trademarked (an image tm) and you made a similar logo, you could run afoul of TM rights there...

There is a lot to consider, but generally speaking, descriptive terms used for the descriptive use, shouldn't have any problems. Not a lawyer, but that's what I have picked up from my research.

 

[EnricoSchaefer]

Here are some articles which may provide further info:

First Circuit Holds "Duck Tours" is a Generic Trademark

Frank Schilling Talks Cybersquatting & Domain Monetization

Good luck!