Q: I just bought domain: kabrow.com - wanting to do an eyebrow-focused webshop (trimmers, serums, styling / coloring)

A: You might want to hold off until you speak with a trademark attorney.

If a mark owner believes that its rights are being infringed, it can sue to stop the use of the same or similar mark (including in a domain name) by a suspected infringer. Which party "wins or loses" will be based on the facts of the matter. But generally speaking, it's best to avoid being sued rather than having to defend a lawsuit.

There are basically two parts to a "trademark" (and service marks) - (1) the mark and (2) its underlying goods/services.

Infringement of the mark is based on whether the average consumer of the goods/services is likely to be confused by the same/similar mark being used by different entities. The consumer's "likelihood of confusion" is determined by weighing multiple factors, including the mark itself, the goods/services, consumer sophistication, channels of trade, strength of the mark, etc.

In your scenario, it appears that you'd be using "kabrow" with a web-based eyebrow styling service - basically, a video clinic. Benefit Cosmetics (BC) appears to be using Ka-Brow! as a trademark for cosmetics. Although you're offering a service and BC is offering goods, if BC were to fuss, it would likely argue that the typical consumer would see everything as being eyebrow-related under basically the same mark.**

It would be prudent to discuss your situation with an intellectual property attorney to make an informed decision.

**"Kabrow" is the dominant portion and the "-" and the ".com" can be ignored for the most part. But an IP attorney will discuss how these and other variables might affect the likelihood of confusion analysis, the Anti-Cybersquatting statute, etc.

A: Using a name for your business that is identical or confusingly similar to a registered trademark can put a business at risk for a claim of infringement. Customers may be confused as to the source of the goods when they visit a website with the same name. Consult with a trademark attorney to advise you.