Q: Does using a company's name in a domain for independent stock information violate trademark law?
I am considering registering a domain name that combines a publicly traded company’s name with the word ‘stock’ (e.g., [CompanyName]Stock.com) to independently present public information about the company's stock performance, financial data, and other objective metrics. The site would clearly state that it is unaffiliated with the company and include visible disclaimers about its independent nature. My goal is to provide a resource for stock-related information, possibly with affiliate links for related services (with disclosures as required). I've seen a few similar non-affiliated domains already being used for the same purpose.
Would using a company's name in this context raise concerns of trademark infringement, even with prominent disclaimers?
A:
If you are not using the mark to establish a brand in the selling of goods and services, using the mark as part of a domain name for a website is usually considered minimal use and not sufficient to constitute trademark infringement.
Consider my annotation to this case where the mark was purchased at auction as a search term for advertising by a completing company that was not considered trademark infringement: https://law.justia.com/cases/federal/appellate-courts/ca2/22-1634/22-1634-2024-10-08.html#annotation
Consider part of this article where the courts have held that visits to a website where the mark is part of a domain name is considered minimal use: https://wordpress.com/page/pendulumlegal.com/699
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A:
Using a company's name in a domain for stock information could potentially violate trademark law, even with disclaimers, as it may create initial interest confusion or suggest endorsement by the trademark holder.
The key factors courts consider include whether your use could confuse consumers about the source or sponsorship of the website, and whether you're using the trademark in good faith for descriptive purposes. While you intend to provide factual information, incorporating the full company name in your domain might exceed "fair use" protections since alternative domain names could convey the same purpose without using the trademark.
To reduce legal risk, consider using more generic domains that describe the service without the company name (like CompanyMetrics.com or StockAnalyzer.com), or ensure your domain clearly indicates independence (like UnofficialCompanyInvestors.com). You should also consult with an intellectual property attorney who can review your specific situation, as trademark cases often depend heavily on individual circumstances and jurisdictional interpretations.
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