Q: I want to name my app "Fit.ai" however it's being used as a domain by "Booth.ai". Am I still able to use this name?
It is not a registered business or trademark. They only have the domain name.
A:
This is potentially a problem.
Trademark infringement is based on a likelihood of confusion. If you are providing a good or service that is similar to someone else and using the same name, then there could be confusion as to the source of the goods/services.
Federal trademark registration is a first-to-file system. However, anyone who previously used a similar trademark for similar goods/services is grandfathered in under something called "common law." Trademark law says that the junior user with the federal trademark registration can use the mark in all 50 states, and the senior user is stuck in its current geographical area of use. This is an issue for the current digital age where we cannot draw a geographical area around the pizza restaurant's delivery radius.
Back to your question, ICANN website domain listings do not check with a trademark office to see if it is currently claimed. Your best option is to ask a trademark attorney for a trademark clearance search to see if it is possible to register the trademark even though someone else owns the website domain. From a marketing perspective, it would be best to own the domain and the registered trademark.
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A:
If "Fit.ai" is not a registered business name or trademark, and you're planning to use it for an app, you might be able to do so. However, just because the name isn't registered doesn't mean it's free from potential legal complications. The fact that another entity, "Booth.ai," owns the domain could lead to confusion, especially if they operate in a similar industry.
Before deciding on this name, consider the potential for brand confusion and the possibility of a dispute. If Booth.ai has established a significant online presence or brand identity with their domain, they might argue that your app's name infringes on their branding, leading to legal challenges.
It would be wise to consult with a legal professional experienced in intellectual property law to assess the risks. They can provide guidance on whether using "Fit.ai" is advisable and how to proceed safely. Additionally, they can help you understand the nuances of trademark law and how it applies to app names and domain names.
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