Q: Can trademarks in website URL's be disputed?
For example, if someone trademarks "Essential Hunting Gear" would the website "Essential Hunting Gear Warehouse" be violating the trademark? Specifically if the verbiage on the website was Essential Hunting Warehouse
First of all, trademarks and trademark registrations are different - kind of like a car and the title to the car. This will determine the strength, scope and reach of the senior user's rights.
In this instance, if the other party owns and uses EHG as a trademark/service mark (with or without a federal registration) and then a junior (new) user starts using EHG as part of a domain name, it might fall under the category of cybersquatting. See 15 U.S. Code § 1125(d). Also, the differences between the senior EHG mark and the verbiage EHW on the website and whether the words are being used as a mark for the same goods to be sold to the same consumers are some of the many factors that a trademark attorney will have to consider to advise whether there would be potential problems in this scenario.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.