Okay, thank you. First, we need to put down some definitions.
TRADEMARKS - Mostly phrases. A trademark is any word, name, slogan, design, or symbol used in commerce to identify a particular product and distinguish it from others. Trademarks are filed with the US Patent
and Trademark Office.
COPYRIGHT - Applies more to written texts and works of art. Copyrighted images are filed with the U.S. Copyright Office. They work very much like trademarks.LOGOS
can often fall under either/both.
So what you have here is that they copyright/trademark that phrase, and then you come along and use that phrase in your website. It is not the name of your company (right), but simply the domain.
If so, then there is NO CLEAR ANSWER unless they challenge it. The Court would have to decide if one party pushes on it, depending but not limited to the following subjective factors:
-who copyrighted/trademarked it first
-who actually began using it first
-what kind of industry one uses it in and whether or not the other party is in another industry, or, in direct or indirect competition with the first party
-whether any party was malicious in their actions
-whether the phrase of the first party confuses/dilutes the other party's claim
And so on.
So to go back to your original question, which can essentially be boiled down to:Can they sue me for that domain name?
They can try
, yes, but they may not be successful. It all depends on those factors listed above. But I will not lie and state that this is a dangerous game, because you'd be "edging them on" to sue, unless they do not see this as a threat and/or dilution of their trademark.
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