Legal Question in Intellectual Property in New York

My question related to trademark law. I recently purchased a domain name, e.g. ABCSolutions.com; however after a search on the USPTO trademark site, I noticed that the term "ABC" was trademarked.

Would my domain/business name be of trademark infringement?

Their services/description says - "Restaurant, bar and cocktail lounge services", while mine deals with online marketing services.

So there would be no "confusion", correct?

I did a quick USPTO search on "eLife" and found results for eLife, eLife-Sytems, eLife Mortgage, eLife Financial, etc.. So this is why I am a little confused about trademark infringement!


Asked on 12/19/11, 10:45 am

2 Answers from Attorneys

Kristen Browde Browde Law, P.C.

Use of a domain name is rarely the basis of a trademark violation. That's not a guarantee of no litigation... but litigation is more likely when one does something on the level of registering coke.com and then sells soda that isn't the trademarked brand.

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Answered on 12/19/11, 10:51 am
Steven Czik CZIK LAW PLLC

Well this is why it is recommended to have a lawyer assist you with trademarking. It is a "liklihood of confusion test" that must be applied. We have substantial experience handling matters such as these and very reasonable fees. However, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

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Answered on 12/19/11, 2:51 pm


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