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Roger, Lawyer
Category: Intellectual Property Law
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Im making a website which will be selling trendy fashions

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I'm making a website which will be selling trendy fashions for women. I'm planning to call it But I was told that if I used this domain name for anything fashion or commerce related, will protect their trademark if I gain any kind of success on their turf. But they are not only selling clothes but other things. Will I get trouble if I used this domain?
Hi - my name is XXXXX XXXXX I'm an Intellectual Property litigation attorney. Thanks for your question.

The standard for trademark infringement/ is whether or not a reasonable consumer would confuse your site for the other one - - or vice versa. This other site would have to be able to prove that your site causes confusion and infringes on their site.

The other business doesn't have a monopoly on the word "fancy" for a website/domain name, so there's nothing illegal about you using it in your name as long as your site is different enough from the other one.
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