Name in violation of TM?

ck89102 · Dec 8, 2007

There is a popular software program that is trademarked. Their TM name is a made-up word (just for an example: Kudzu). I changed one letter, the z to an s so my name in this example is Kudsu.com.
Am I in TM violation?

Theo · Dec 8, 2007

Depends on how you use the domain and whether it can be construed as a tm dilution.

DN BROKER · Dec 8, 2007

1+1=2

Brett Lewis · Dec 12, 2007

There is no way that anyone could answer your question without knowing all of the facts. What is the trademark in question? What is your domain name? How is the trademark used? Is it famous? What do you plan to do with your domain name?

You should not answer those questions in a public forum.

There are MANY misconceptions about trademark law. If you are concerned, you should get a clearance from a trademark attorney.

cyberlaw · Dec 13, 2007

Just wanted to agree with Brett here. While I think people try to be helpful on these boards, it is very difficult, if not impossible to get any serious and complete answer without a lot more details that really shouldn't be posted in a public forum. Plus, any advice received here really should not be relied upon because posters don't have what they need to fully understand the matter.

Definitely get in touch with a domain/trademark attorney. There are many on this board, or find someone locally, or whatever you prefer.

Eric
http://www.cyberlawonline.com