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Is this trademark infringement?

by rhondaklewis
9 replies
example: I buy a domain (bestchoicehotels.ext) and I title the website Choice Hotels. Then I find out there is an actual business or website called ChoiceHotels.com. Infringement?
#infringement #trademark
  • Profile picture of the author perryny
    I don't know... I 'm considering opening a burger joint and I'm gonna call it Ol' McDonalds.

    I was wondering the same thing. Trademark issue?

    Ya think?
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    • Profile picture of the author rhondaklewis
      Originally Posted by perryny View Post

      I don't know... I 'm considering opening a burger joint and I'm gonna call it Ol' McDonalds.

      I was wondering the same thing. Trademark issue?

      Ya think?
      That's not really helpful at all.
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      • Profile picture of the author travlinguy
        Originally Posted by rhondaklewis View Post

        That's not really helpful at all.
        You're asking a legal question. There are not many people here that are truly qualified to answer it. Without being a lawyer myself, the situation you describe, in my opinion, is likely to be problematic. Consult with an attorney before making any decisions.
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      • Profile picture of the author perryny
        Originally Posted by rhondaklewis View Post

        That's not really helpful at all.
        I guess it wasn't. But I'm no lawyer, so... But this guy is ^^^, so I'm glad he could chime in with something helpful for you.
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    • Profile picture of the author Calamaroo
      Originally Posted by perryny View Post

      I don't know... I 'm considering opening a burger joint and I'm gonna call it Ol' McDonalds.



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  • Profile picture of the author kindsvater
    Originally Posted by rhondaklewis View Post

    example: I buy a domain (bestchoicehotels.ext) and I title the website Choice Hotels. Then I find out there is an actual business or website called ChoiceHotels.com. Infringement?
    Yes, that is a potential problem.

    Some companies are more vigorous about protecting their name in domains than other companies. One place to check is UDRPsearch - UDRP / WIPO / NAF / ADR.eu Domain Dispute Search.

    If your domain was besthotels.ext and there is a Best Hotel chain, that would not be a problem because both words are generic. (Unless you were actually targeting the Best Hotel chain on the website and not best hotels generically.

    The word "choice" is not really generic. Best is. Hotels is. You may disagree, which is why you originally grabbed the domain, but that is not how I interpret the name. The word best is not a normal modifier of choice, which is why it appears the domain targets the brand Choice Hotels.

    .
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    • Profile picture of the author rhondaklewis
      Originally Posted by kindsvater View Post

      Yes, that is a potential problem.

      Some companies are more vigorous about protecting their name in domains than other companies. One place to check is UDRPsearch - UDRP / WIPO / NAF / ADR.eu Domain Dispute Search.

      If your domain was besthotels.ext and there is a Best Hotel chain, that would not be a problem because both words are generic. (Unless you were actually targeting the Best Hotel chain on the website and not best hotels generically.

      The word "choice" is not really generic. Best is. Hotels is. You may disagree, which is why you originally grabbed the domain, but that is not how I interpret the name. The word best is not a normal modifier of choice, which is why it appears the domain targets the brand Choice Hotels.

      .
      Thanks Kindsvater, When I was looking for a domain name or keyword I was thinking about luxury hotel and then I saw choice hotels. It never occurred to me that it could be trademarked. I see it as generic like you see best hotels as generic. I do see what you are saying though. I guess I have some research to do.
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  • Profile picture of the author LuckyIMer
    It depends on the domain and brand, if the domain name is a keyword/dictionary domain name, then probably it is not and you can title it whatever you want.
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