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This question has likely been answered in one way or another on this board, but I haven't been able to find the exact fit:
I'm considering registering a hair product domain to offer to a client of mine. The domain has a trademark on it for use with vitamins and supplements. The company that I would offer it to sells products for application to the scalp... no internal medication is offered.
Is there a good possibilty for a legitimate legal challenge down the road from the trademark owners should my client buy and use the domain?
Thank you for your time.
Last edited by Gomains; 11-22-2002 at 09:55 PM.
and
Last edited by consumernet; 01-18-2003 at 10:32 AM.
Any time you knowingly use a TM name in your domain, you will be challenged, whether it's for the same purpose, or not. It all depends on how you intend to use the domain, whether you have a legitimate business interest in the TM name and you're not competing with nor trying to sell it to the TM holder.
The next consideration is whether or not it's worth the expense of fighting the TM holder in court or arbitration. If so, then you stand a decent chance of keeping it.
Howard Neu, Esq.
Hi Howard,
Thank you for your response. As I stated in my post, the business would not be competing with the trademark holders'
business. But from what I gather from your reply, it is too much potential hassle to bother with.
By the way, you are now $100 DNF richer. Don't let anyone tell you I don't appreciate lawyers
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