Trademark question

**Raider** · 11-13-2011, 08:06 PM

I have a popular generic dot com that I turned into a Wordpress blog, the problem is someone owns the .org and is using it for the same subject matter... They show they have have a copyright on their blog.. I did a TESS search and found over a dozen trademarks on the name, but none of which appear to belong to him.

Nobody has contacted me about it, that's not what this is about, I simply want to know whether or not I can use the .com without future repercussions.

He registered the .org in 1998, the .com I picked up at auction has a revised registration date of 2002, but was originally registered in 1996 I believe... My question is, What is the best and least expensive way of determining if his .org domain or blog indeed has a Trademark using that name, is TESS the only search?.

I have since replaced the domain with another one for my blog, but I'm not quite happy with it... I prefer to use the original.

Any advice from members, preferably with a legal background would be greatly appreciated.

**Cartoonz** · 11-14-2011, 01:06 AM

copyright refers to his content, that's not relevant to the domain name.
TESS is your best tool, yes.

**Raider** · 11-14-2011, 02:51 AM

Originally Posted by Cartoonz

copyright refers to his content, that's not relevant to the domain name.
TESS is your best tool, yes.

I'm glad to hear that.. The content is of the same topic, for example the weather, but what's written on the sites is unique. It's an opinion oriented blog.

So if the name is not shown in TESS using the same type of Goods and Services, it's a safe bet that no trademark exists?

This is a 2 word generic domain, and I just looked at TESS again and I'm getting 34 results, half of which are dead..... Thanks again for your help.

**Dale Hubbard** · 11-14-2011, 03:01 AM

If it's opinion-oriented, and not offering competing products/ads, then I think you're pretty safe. Copyright issues are not relevant. TM classes etc. maybe, but I doubt it in your case. This could be more complex - if I were you, I'd put a 'TM' sign on your domain/logo. It doesn't obligate you in any way.

**lordbyroniv** · 11-14-2011, 10:00 AM

Raider, I think ur going to need provide a bit more info.

If its generic but being used in a way that is arbitrary and fanciful AND his use proceeds your use (even if there is no tm filed) then they have a string argument that you are infringing.

But let me be clear - whether a trademark is "inherently distinct" is an art - not a science.

So if you want to write me with more info, I will try to help you

But w/o more info - it is impossible

**Raider** · 11-14-2011, 10:35 AM

For some reason the .org is not pulling up... Once it comes up I'll send you both a PM of the domain.

And thanks for the tip Dale, I'm working on the logo and will make sure to include that.

---------- Post added at 08:35 AM ---------- Previous post was at 08:33 AM ----------

For some reason the .org is not pulling up... Once it comes up I'll send you both a PM of the domain.

And thanks for the tip Dale, I'm working on the logo and will make sure to include that.

**Cartoonz** · 11-14-2011, 10:45 AM

I'm not familiar with a string argument...
...but it would definitely not be a strong one in that case at all, that's a reach.
sure, it is possible... but so is anything.