Would this be considered trademark infringement?

[pam]

I have my domain name trademarked, and it was formerly the name of a magazine I published.

There is a company that has released a DVD with the identical name, dealing with the same topic (one of my customers just notified me about it).

 

[DNjet]

sounds like a TM infringement to me.

 

[jdk]

Same here. I'd contact a lawyer

 

[carlton]

Is your domain name more generic in nature or more fanciful/unique?

Also, did you trademark the entire domain name including the extension?

 

[pam]

Is your domain name more generic in nature or more fanciful/unique?

Also, did you trademark the entire domain name including the extension?

It's a very unique name, but looking up the trademark I see it is for "adult images on the Internet" so I wonder if I have a case.

 

[carlton]

.

 

[pam]

The magazine was extremely specific in what it dealt with, as is their video. Their video came out recently. My magazine was published 1995-2000. The trademark was issued in 1993.

A customer emailed to ask if the video was associated with me as I have a paysite by that name as well as another siee with that name, and I produce videos, and it will confuse the hell out of people and they will assume I produced that video, and I didn't. I don't do x-rated productions an don't even like the fact my name is associated with their product.

I will contact an attorney on Monday as I intend to pursue this.

Without giving out my domain name, etc, I can give an example so you'll understand. Let's say I had a magazine named Bodacious Breasts and had a trademark on that name for my website, which features photos of bodacious breasts. Then along comes another company a few years later who creates a video called Bodacious Breasts which is full of images of, you guessed it.

My trademark is for that type of image on the Internet and they produced a product that has a video of those images.

 

[LizzeyDripping]

This scenario is why trade mark registration was invented! See a lawyer, you're cool. Provided you are currently using your mark, and this company doesn't have honest concurrent users (i.e. they set up well after you had established your rep) this is cut and dried.

 

[pam]

Well, it's in the hands of an attorney, one who doesn't seem to return phone calls.