GoDaddy customer reviews : Suggest I pay for GoDaddy?? Question about trademarks

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If you have a registered trademark and it is a combination of two words, say livecontact (just an example) and someone uses 'live contact' as an advertising point (in the same market space as you are), do you have a case for infringement or is the TM strictly for the one word together?..

Comments (5)

Trademark infringement is based on likelihood of consumer confusion, not some sort of typographic rule.

Would "MICRO SOFT" be likely to be confused with "MICROSOFT"? Probably...

Comment #1

JBH..what about the generic term usage for advertising though? Live Contact is so generic and descriptive to the market it's like a grocer being called "GroceryStore". Just wondering your perspective on that not really disagreeing with you...

Comment #2

I don't have a position on that.

The question assumed otherwise by stating "If you have a registered trademark...".

Well, IF you have a registered trademark, it is presumptively distinctive, for one thing. The question was not whether "LIVECONTACT" was generic, descriptive, or anything else.

Given a trademark, then the question of whether there is infringement is a question of consumer perception. So, I'm not sure what I said that we could disagree about in any event...

Comment #3

Thanks for the information. I was inquiring for one of my associates who actually does have a registered trademark with the trademark office, all signed, sealed, etc. But he had noticed a couple people using the two word combination to describe their product, which would seem to cause confusion. Was just wondering if anyone had any experience on this sort of case before he went to a lawyer about it. Appreciate the input jberryhill.

I probably should have clarified that when I say confusion by using the two word in advertising, I am referring to more of a product header rather than just two generic words in a paragraph...

Comment #4

It's all going to come down the what those words are and how they are used.

"GroceryStore" Probably wouldn't be an enforceable trademark for a grocery store, but for a line of clothing it might be fine.

This is not to say one couldn't register "GroceryStore" for use for a grocery store. The people who review trademark applications are not perfect. There are plenty of examples of trademark registrations that were found to have been granted in error. There are also plenty of examples of marks that may have initially qualified for protection but subsequently became generic...

Comment #5

This question was taken from a support group/message board and re-posted here so others can learn from it.


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