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Thomas Swartz
Thomas Swartz, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 3023
Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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Trademark question: There is a company that uses Dr.Noni as

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Trademark question: There is a company that uses Dr.Noni as their registered trademark (since 2006) and domain name DrNoni.com. I am a psychologist with a doctrate degree, and my nickname is Noni (since 1987). The nickname plus my last name is XXXXX XXXXX ficticious name in the city that I practice.

Question 1: Is there a problem with me using Dr.Noni (without my last name) as DBA?

Question 2: is there any problem with me using Dr-Noni.com as domain name

Thank you in advance for your help.
Hello JACUSTOMER,

Whether or not a trademark infringement claim could be made against you really depends on whether or not you are using the Noni name in the same category of goods or services as that used by the company that has the registered trademark. I did a quick trademark search of the Dr. Noni trademark and found that is used by some company to sell juices/beverages.

If that is the case, I really don't think they would have a valid trademark claim against you for using the Noni name for psychological services. Obviously the beverage industry is so different from the type of services you are offering that there is no possibility of any consumer confusing the same name as coming from the same company. And the test of whether of or not a trademark infringement occurs is whether or not there would be consumer confusion as to the source of the goods or services represented by the name being used.

So, I don't see any trademark issues. And much the same can be said for the use of Dr-Noni.com domain name. If it is not being used to sell beverages of any kind, you should be fine.

Thomas
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