Legal Question in Intellectual Property in Texas

I want to register a domain name, basically aiming for good keywords. i understand i canot use other trademarks in my domain name. But i am confused if I am braking any laws here and can get sued.

This is what i want to do just a an example.

The shomakermachine.com exists they sell a shoe making machine lets say specifically for nike air jordans(example)

but i want to target the keyword shoe maker. So i want to register shoemaker.com and sell a machine that makes shoes specifically nike air jordans(example) can i get sued for doing this? i am just aiming for the key word not the trademark but our machines are similar in that they both make nike air jordan shoes.(I understand no one other than nike can make these shoes)


Asked on 1/24/10, 10:11 am

2 Answers from Attorneys

Bruce Burdick Burdick Law Firm

There is not likely a problem with registering "shoemaker.com" in the hypothetical example if it was available (it's apparently already owned by Jon & Donna Shoemaker). Making knock-off Nike Air Jordans is another much riskier venture. You have both trademarks and patents to worry about and a very litigious company, Nike, to worry about. I take it you are referring to the type of shoe rather than ones actually bearing the world-famous NIKE Swoosh trademark. Assuming that the patents have expired for that style of shoe, selling the machine to make them, making the shoes and selling the shoes made with the machine are all legal provided you don't create counterfeits by labeling them with Nike trademarks. Hypothetically, of course???

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Answered on 1/30/10, 5:13 pm
Sarah Grosse Sarah Grosse, Esquire

I agree with Mr. Burdick that the registration of a domain name may be the least of your worries. You should either buckle-down and anticipate a lawsuit, or get an IP attorney to help you protect yourself and structure your business venture legally. Immediately. It will cost you far more on the 'back-end' if you choose not to retain an attorney now.

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Answered on 2/04/10, 8:25 pm


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