Is this trademark infringement?

[Jernet]

If the domain name HomeBusiness.com is trademarked (yes, it includes the .com), would using the domain Home-Business.com be in violation?

 

[contact]

Yes, if you are using Home-Business.com in the same line of business as the trademark owner.

 

[Anthony Ng]

It will be difficult to say outright whether domain-name.com infringes the trademarked domainname.com, as every case is to be decided on its own merits. However, you can imagine their attorney using arguments like confusingly similar (in this case, STRIKINGLY similar even though not identical because of the hyphen) and don't forget the dilution thingy.

 

[dotNetKing]

"home business" sounds pretty generic to me.

As far as actual domains are concerned, If you use it in "good faith" I believe there is no real problem.

There is also supposedly no problem either, if you registered it in good faith (although you might need to convince UDRP panelist/s that you registered it in good faith).

These are of course just my own thoughts.

 

[Anthony Ng]

If you use it in "good faith" I believe there is no real problem.

The problem is THEIR attorney will paint you as a "cybersquatter with bad faith" no matter what your original intentions are, even if you do have some good ones.

 

[dotNetKing]

The problem is THEIR attorney will paint you as a "cybersquatter with bad faith" no matter what your original intentions are, even if you do have some good ones.

Probably true.

I have actually registered quite a lot of domains unaware of a specific company or organisation using that name for their company. If a company who I have never heard of makes a claim, the fact that I never knew they existed would be something in my favour (I say hopefully!)

 

[Jernet]

good points. thanks guys!