yet another trademark question

[smashfactory]

there is a name i want to buy- there is a trademark- it is an "e" prefix name- the e is before a generic- but the trademark is for the name WITH the "e"-
the trademark says

computerized online retail store services in the field of consumer products, namely...

and lists a ton of stuff you buy-

but what if i used the site, and did NOT sell anything but did evaluations of items- example- say the name was eStore.com (its not) and eStore had a trademark to sell everything under the sun-
and i opened eStore.net, but did not sell anything- just gave consumer opnions on items-

can you do that if their trademark reads that way?

 

[Creature]

'consumer opinions' might roughly come under the heading 'online retail store services' but I don't know. I think that if your site is going to be confusingly similar to the site of the trademark holder then it's probably worth avoiding. However, if you are doing something completely different then it should be fine imo.

 

[petrosc]

there is a name i want to buy- there is a trademark- it is an "e" prefix name- the e is before a generic- but the trademark is for the name WITH the "e"-
the trademark says

computerized online retail store services in the field of consumer products, namely...

and lists a ton of stuff you buy-

but what if i used the site, and did NOT sell anything but did evaluations of items- example- say the name was eStore.com (its not) and eStore had a trademark to sell everything under the sun-
and i opened eStore.net, but did not sell anything- just gave consumer opnions on items-

can you do that if their trademark reads that way?

They aren't going to get you with the consumer opinions, it will be much easier to get you for your ads. Obviously, you will have to monetize the site and since it will be related to the products the will be selling, your ads will most probably point to competitors of the TM holder - and thats a no-no

 

[smashfactory]

hmmmm- this is hard without saying the name-
does this help.... they own the .com- all other tlds are taken, all by other owners- one is for sale.

the generic part of this name is not an outright thing- its not like eCar or eJewelry- but a word you use for that stuff, like say the site was eMotorcross-
eMotorcross.com sells motocross equipment... eMotorcross.info shows the life of motorcross riders and has interviews and stats- stuff like that-

still an issue you think? i dont want to buy the name on a bad chance but i seems they have not gone after all the others