Hello,

    Would it be considered Trademark infringement if you registered a
domain name with the "brand" of products you are thinking of selling?
Even if that "brand" was so recognized, that people refer that product
by brand name?      For instance:

   Say you wanted to sell Jacuzzi's.  Technically, "Jacuzzi" is
trademarked but they are so popular, people refer to that product as a
"jacuzzi" more than a "hot tub". So in this example, if I was to
register a domain called  www .cheapjacuzzis . com , could they take
legal action on me? Let me know if you need any clarifications.
Thanks!

Gary

Hello Gary,

The short answer is "yes", trademark infringement may be charged and
legal action may take place. The primary reason is that you have
common customers with the Jacuzzi company and if you don't sell
Jacuzzi models - it could be considered confusing to those common
customers.

First, let me provide a few links to some good resources such as:
  http://www.bitlaw.com/internet/domain.html
A general description of domain name disputes and trademark
infringement, some history, and legal actions that have taken place.
There are cases where organizations were successful and unsuccessful
at getting control of derived domain names. (action may be taken - but
be unsuccessful)

There are a number of other good references on the BitLaw site including:
  http://www.bitlaw.com/trademark/index.html
  http://www.bitlaw.com/trademark/infringe.html
  http://www.bitlaw.com/trademark/dilution.html
(see especially the comments about Apple - the record company & the
computer company)
  http://www.bitlaw.com/trademark/internet.html
These are all quite readable and give you a good background.

The laws also vary by location, see
  http://www.murdoch.edu.au/elaw/issues/v7n3/kilian73.html
for a good summary from the point of view of Australia (though it does
list a number of US statues since many companies operate there). #22
is a good example of how some powerful companies can apparently affect
groups in other product areas (adultsrus vs. Toys R Us). It also has
some good examples of exceptions (#28), but free speech solutions may
be limited in your case.

Several examples, some humorous and others not so at
  http://www.web.net/~misha/trademark.html

A more formal site at
  http://www.inta.org/info/basics_infringement.html
indicates the strong relationship of common customers in getting
infringement cases upheld. With the example you use (hot tubs and/or
jacuzzi's) this concept almost certainly holds true.

I also suggest you get good legal advice from a lawyer, preferably one
with experience in trademark  laws. There are certainly other
approaches you could follow other than an infringing domain name.

If some part of the answer is unclear or incomplete, please make a
clarification request so I can expand on the answer. Good luck with
your work.

  --Maniac

Great answer and response time! Thanks!

If your use of Jacuzzi wasn't simply a hypothetical example and you
actually wanted to register the domain you mentioned, I can guarantee
you that the Jacuzzi legal team would be contacting you.

I saw a tv program (it might have been The People's Court) where they
made it absoultely clear that Jacuzzi is not a synonym/alternative for
hot tub and must (legally) only be used to refer to Jacuzzi brand
products.

My understanding is that ALL brand names are off limits to be used as
you have indicated without prior written permission from the companys
that own said brand names. lgcamp at
www.webspawner.com/users/editmasters

My understanding is that ALL brand names are off limits to be used as
you have indicated without prior written permission from said
companys' legal departments. lgcamp at
www.webspawner.com/users/editmasters