Is a TM sub-domain a violation?

[EnricoSchaefer]

Marc is correct that these are always fact specific issues. Much depends on your intent and the issue of whether an average consumer would be confused about source or origin of goods and services. And whether it turns out that you win or lose in court is typically not the key issue. It is whether you will be dragged into court in the first place by the trademark owner. Like everything else in business, it is about risk-tolerance and due diligence on the front end.....

 

[jberryhilljberryhill is verified member.]

I doubt that a UDRP panel would find against you, as this seems to be beyond what the UDRP is supposed to deal with (but, research might reveal otherwise and a panel might buy a complainant's arguments to the contrary).

Somewhat related:

http://www.wipo.int/amc/en/domains/decisions/html/2000/d2000-0054.html

Respondent registered the domain name <crew.com> on July 12, 1998, then later registered the domain name <j.crew.com> as a sub-account.

The registered domain name in that case "crew" was a formative part of the mark "J. Crew", but that decision is a train wreck for other reasons.

 

[Theo]

Just remember, Google stopped considering subdomains of the same domain as separate ranking entities.