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Damien Bosco
Damien Bosco, Attorney
Category: Business Law
Satisfied Customers: 2716
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Thanks Scotty. I'd like to hear from any other atty who

Customer Question

Thanks Scotty.
I'd like to hear from any other atty who might have an opinion on my question:
"I want to open an online jewelry store that sells to the public. The URL I want to use is the name of an existing wholesaler. They obviously don't sell to the public. Am I ok to use that name? I reserved the URL with GoDaddy 7 years ago. I registered the URL with the State of Wisconsin's Dept. Of Financial Institutions in June 2013 and received a "statement of adoption of a mark" of that URL. Can he prevent me from using that URL and name of business?"
Submitted: 2 years ago.
Category: Business Law
Expert:  Damien Bosco replied 2 years ago.
Hello and Welcome! My name is***** am a licensed attorney. I have assisted hundreds of others with their legal questions. I am happy to help you!
Possibly the wholesaler could challenge your use. The issue is who used the trademark first in commerce. Registration of the mark provides additional proof of first use in commerce. Not sure if the wholesaler registered the trademark, but if the wholesaler can show evidence it used it in commerce, then there could be a possible claim. Whether the retail public knows of the mark would not necessarily mean that the wholesaler has not used the mark in commerce. As you may know, the reason for trademark protection is to avoid public confusion. So, for example, if another retailer sees your site, they make think it is the wholesaler's site or the wholesaler owns the site. So, arguably, that could lead to confusion. It is not certain, but there is a risk of using the name.