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-   -   Infringing on a domain trademark? (https://gfy.com/showthread.php?t=230677)

chowda 02-03-2004 07:24 PM

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?

DatingGold 02-03-2004 07:30 PM

if they trademarked "debbiedoes"

suesheboy 02-03-2004 07:37 PM

copywrite may be an issue too.

Do a trademark search. They are free.

High Priced Lawyer 02-03-2004 08:10 PM

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.

chowda 02-03-2004 08:31 PM

looks like the trademark that were made is out to "debbie does dallas" and not debbie does..

i still dont know about this tho..

High Priced Lawyer 02-03-2004 08:52 PM

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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