Re: Is this infringement of trademark?

Subject: Re: Re: Is this infringement of trademark?

Comments:
: : Two websites exist with very similar names; the only difference between them is the use of 'The' in one of them. : : The owner of one of these sites claims that the name is trademarked, and that the owner of the other site is infringing upon that trademark by using the name. Neither of these sites are at all business-related, although the second of the two has a store in which goods related to the site can be purchased. : : Does the owner of the first have any actual right to what he terms 'common law trademark', despite that there is this small difference between the two names, and that he is not actually running a business related to the site? : : Thanks in advance. : Dear Lex, : The owner of the registered trademark can get an incontestible right to the mark, and stop the use by others where there is, "liklihood of confusion". : A prior used cannot be stopped, but is limited if the user has not exercised the right and regisstered the mark. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 3008 Johnson Ave., New York, NY 10463 : 7185430266, aus@auslander.com : ELAINE's Workshop® : E arly L egal A dvice I s N ot E xpensive™ : Reality Check®

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