Legal Question in Intellectual Property in Nebraska

Would I be infringing on a trademark if I used a trademarked word in a website domain - for example: ipodsource.com


Asked on 6/15/10, 10:50 am

2 Answers from Attorneys

Kevin B. Murphy Franchise Foundations, APC

A trademark attorney will say the answer is yes. Consult with an attorney in your area for specific advice.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 6/15/10, 2:46 pm
Quinn Johnson, Esq. Johnson PC, Attorneys at Law

Yes, the use of a trademark within a domain name not associated with the owner of the trademark will be considered infringement. The standard for infringement is "likelihood of confusion." Specifically, the use of a trademark in connection with the sale of a goods or services constitutes infringement if it is likely to cause consumer confusion as to the source, sponsorship or approval of such goods or services.

COMMENTS MADE HEREIN ARE NEITHER LEGAL OPINION NOR DO THEY ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP.

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Answered on 6/21/10, 9:05 am


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