Charlotte, NC asked in Trademark for North Carolina

Q: Is this domain name similar enough to an existing domain name trademark to be considered infringement?

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2 Lawyer Answers
Robert Kost
PREMIUM
Robert Kost
Answered
  • Trademarks Lawyer
  • Pittsburgh, PA

A: Here are two reasons it is in your interest that this question not be answered in this forum:

1. You really don't want to analyze and deliberate in public, let alone convey your concerns and intent where a potential plaintiff might see them.

2. The question is not only a heavily fact-based assessment, requiring detailed discussions between you and an attorney, it is going to be a judgment call concerning what risks you are willing to take.

That said, here are some articles concerning "confusing similarity," the standard for assessing whether you are infringing:

https://www.findlaw.com/smallbusiness/intellectual-property/proving-infringement-confusing-similarity.html

https://www.patenttrademarkblog.com/what-is-likelihood-of-confusion/

https://www.upcounsel.com/similar-trademarks-examples

I'd consider hiring a lawyer. Hope this helps.

Marcos Garciaacosta agrees with this answer

1 user found this answer helpful

Marcos Garciaacosta
Marcos Garciaacosta
Answered

A: Depends, you need to hire an attorney and have her/him assess your risks.

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