Legal Question in Intellectual Property in Florida

domain name question

I am thinking of doing a blog which may turn into a website and buying the domain NYCdealfinder followed by com. There is a trademark for dealfinder I find at uspto gov site and the url dealfinder followed by com takes you to overstock.(followed by com). Do you think NYCdealfinder would be a trademark infringement


Asked on 6/21/07, 3:18 pm

3 Answers from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: domain name question

probably, but it may ultimately depend on what you are doing from your sight, what they do with theirs and whether there is a liklihood of consumer confusion. Sounds like you have similar busionesses, so the safe bet is to find another domain name.safe

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Answered on 6/21/07, 3:25 pm
Johm Smith tom's

Re: domain name question

Going forward, only mention a domain name if you already have it. There are ways to use this domain legally, but I don't know if they would fit your business model. I have a lot of experience with this issue, which is why I set up some of my online companies linked at www.davidwnance.com

Feel free to consult with me on this for a reasonable fee. This is a very specialized area of the law.

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Answered on 6/21/07, 4:04 pm
Michael Stewart Michael D. Stewart

Re: domain name question

The DEALFINDER registration at the USPTO is for real estate services. If you are planning on using the domain for something different you might be ok. As to OVERSTOCK, their DEALFINDER.COM domain does not necessarily mean that they have the trademark rights in the name, and again it would depend on how you were to use the domain.

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Answered on 6/21/07, 4:42 pm


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