: What are the good reasons proving that someone is not infringing trademark? John has got a problem: There is a company with registered trademark: Example. The company sells shoes. It owns the
John has got a problem:
There is a company with registered trademark: Example. The company sells shoes. It owns the domain example.com. So whenever someone wants to buy this company's shoes they go to example.com.
John is a programmer who one day while searching through the web found that the domain example.io was not reserved. He bought the domain with mixed mind.
Now, John doesn't want to sell or return the domain. Instead he wants to use it as blog for writing reviews on Example's products. To avoid confusion for visitors, he has placed a disclaimer page and also placed a line in header and footer of the blog saying: We are not associated with "Example.com" in any way.
But he is still worried and wants to know
Each one of the good reasons why John is not infringing trademark of Example.com and thus is not accountable to any lawsuits???
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We cannot tell you based upon this. Trademarks are conditional. This means that the answer depends upon how the trademark was registered, is used, has been used historically, and how you are intending on using it. While your example sounds good, it is replete with irrelevancy and incomplete in actionable facts. This is why I keep telling people that it is the trademark that has to be researched in order to answer ANY question regarding the use of an existing trademark. Hypothetical scenarios cannot substitute for what is needed. You need to know if you can use a particular trademarked name. No-one, and I mean no-one can give you an answer based upon a hypothetical without there being extraordinarily significant misinformation and danger. It is just not possible to answer your question without a trademark to research. Anyone who attempts to is a fool and anyone who follows the advice of a fool is just as foolish if not more so. This question is impossible to answer. I am sorry to be harsh. It is just too important a topic not to be concrete and absolute.
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