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Infringing on a domain trademark?
if i reg a domain with the phrase debbiedoes(CITY).com would i face some sort of infrigement on a trademark or copyright?
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if they trademarked "debbiedoes"
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copywrite may be an issue too.
Do a trademark search. They are free. |
Generally, the title of a single movie is not registrable as a trademark, however the name of a series of movies may be registrable. A title is also not copyrightable.
Someone recently filed for a federal registration for "Debbie Does Dallas" for clothing, namely shirts, tee-shirts, sweatshirts and hats. In addition to other rights, the owners of a title may have state and/or federal unfair competition rights they can assert. You should consult your intellectual property lawyer. |
looks like the trademark that were made is out to "debbie does dallas" and not debbie does..
i still dont know about this tho.. |
FYI -- generally, the test for whether you infringe someone else's trademark is "likelihood of confusion" and takes a number of factors into account like whether the goods/services are similar, channels of distribution, etc.
So using this as an example hypothetically and assuming there are trademark rights, a court would look at whether someone who owns rights in debbiedoesdallas (and there is a site with this url) could claim that consumers are confused into thinking that debbiedoestampa is associated with debbiedoesdallas. As always, you should consult your lawyer. |
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