Re: Re: Is this infringement of trademark?

Subject: Re: 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, : : I'm just a law student so please don't take what I say as legally binding. : : From the facts given there may be a question as to whether the person claiming trademark rights has any rights. From the facts, it appears that he is not using his claimed trademark in the capacity of a trademark. : : As far as I know, In order to have trademark rights in something, you must use it in commerce in some way (a fundamental purpose of trademark law is to protect consumers of goods). If the user of the claimed trademark is not selling something with it, I don't see what "trademark" protection the law will give him. : : The fact that the claimed trademark owner is not selling anything is only an assumption based on your facts given, in order to accurately assess the situation more information would be needed. : Dear Mr. Yearry, : When you become a lawyer you will find that almost anything said or do may not be legally binding. : 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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