Legal Question in Business Law in Virginia
I would like to use the internet domain name med*etic.com--I am in the process of getting Med*netic trademarked. When I do, will I have the right to that internet domain name?
1 Answer from Attorneys
No, not necessarily, if someone else has already claimed it, given the current trends in domain trademark cases which apparently suggest that the holder of a valid federally issued trademark will not necessarily have the absolute right to stop someone else from using a similar domain name if there is no likelihood
that the so-called Likelihood of Confusion test may apply to the situation
at issue, i.e., that consumers may be deceived into purchasing
goods and/or services due to their confusion resulting from the similarity
of the names and the lack of clarity as to the true sponsor of the goods/services from which they have made their purchases.
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