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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Intellectual Property Law
Satisfied Customers: 111535
Experience:  Attorney practicing all aspects of copyright/trademark law
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I own the trademark on the name Twerkflix and own the

Customer Question

I own the trademark on the name Twerkflix and own the website twerkflix.com. Well today I find someone has made this http://twerkfix.com/. Would that be considered infringement?
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Yes, it would likely be and it would likely be infringement because it would cause a likelihood of confusion with your trademark. In evaluating the likelihood of confusion between related goods or services, the courts consider: (1) strength of the mark, (2) proximity or the goods or services, (3) similarity of the marks, (4) evidence of actual confusion, (5) the marketing channels used, (6) the type of goods or services and the degree of care likely to be exercised by the purchasers of the defendant’s product, (7) defendant’s intent in selecting the mark, and (8) the likelihood of expansion of the product lines. See: AMF, Inc. v. Sleekcraft Boats, 599 F.2d 341, 348-49 (9th Cir. 1979).

In this issue, it is too close that people can forget and omit the "l" from the site and they are playing off of your trademark and hoping people will be inadvertently directed to their site to take your business.

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