Hello

I am about to start an online business selling beef called
www.iowacornfedbeefonline.com and want to know if there are any legal
restrictions to using that name like trademark names, ecct, ecct
and if you would, please send me the name of the website so I would
know how to do it myself in the future.  Thank You--ew154f

Howdy ew154f-ga,

A reminder of the "Important Disclaimer: Answers and comments provided on
Google Answers are general information, and are not intended to substitute
for informed professional medical, psychiatric, psychological, tax, legal,
investment, accounting, or other professional advice."

There are several resources available to you to use to ascertain that there
might be possible trademark issues from a domain or business name that you
intend to use.

One is the United States Trademark and Patent Office (USPTO) web site.
http://www.uspto.gov/

"Welcome to the United States Patent and Trademark Office"

Once at that web site, you can click on the "Search" menu selection under
the "Trademark" area on the left hand side.  On the next page, I usually
use the "New User Form Search (Basic)" search option.

I used the words "corn fed" in the "Search Term" box, and clicked on the
"Submit Query" to get the results.

The results include a trademark for "IOWA CORN FED" and clicking on that
provides the details for the trademark, including contact information.

Keeping the disclaimer in mind, this trademark could cause you a world of
hurt, that is, a potential lawsuit.  The person with the trademark also has
a web site using the trademark, so it is in use at this time.
http://www.iowacornfed.com/

This CopyLaw.com article on "Trademark Basics" by Attorney Lloyd J. Jassin
covers some things to avoid, including using a "confusing" trade name.
http://copylaw.com/new_articles/trademrk.html

"Copyright infringement requires 'substantial similarity' of protected
elements, whereas the test for traditional trademark infringement is
'confusing similarity.'"

You will want to read the above article in detail for all sorts of very
useful tips.

Another tool to use is the "Search by domain or keyword" facility at the
Whois.net web site.
http://www.whois.net/

A search there on "iowacornfed" produces the web site that I found that
coordinates with the trademark mentioned above.  You could use Whois.net
to find other web sites, and possible registered trademarks to avoid.

For instance, keep in mind what the "Trademark Basics" article goes on to
mention.

"... the first person to use a word, or symbol in connection with the sale
of goods or services may across state lines. Trademarks are protected under
both federal and state law. You do not have to register a trademark to have
it protected ..."

Among other things, what the above is saying is that someone could be the
first to use a trademark, and even though it might not be registered through
the USPTO or used on the web, etc. it might still be protected, and can't be
used by anyone else.

So, some general searches on Google, such as one on "iowa corn fed" will
help to avoid potential pitfalls.
://www.google.com/search?q=%22iowa+corn+fed%22

Note that the number one result to the above search is the web site for the
trademark holder.

If you need any clarification, please feel free to ask.


Search strategy:

Personal experience from registering a trademark.

Google search on: confusing trademark
://www.google.com/search?q=confusing+trademark

Looking Forward, denco-ga - Google Answers Researcher

Thanks for the research and links so I can do it myself next time.--ew154f

Yes, but notice two things about the registration: one, it is a
registration on the Supplemental Register, not the Principal Register,
which is an acknowledgement by the registrant that the mark is
descriptive, and two, the registrant has disclaimed the words "corn
fed."

These are two powerful pieces of evidence to support ew154f's position
that the phrase "Iowa Corn Fed Beef" is generic for beef from cows in
Iowa raised on corn, and if I started a business using that domain,
iowacornfedbeef.com, and if I got a letter from the other guy I would
say (1) your mark is descriptive as you yourself acknowledged by
registering it on the Supplemental Register; (2) the phrase Iowa Corn
Fed Beef is generic; and (3) you disclaimed "corn fed" in your
registration.

So even if the other guy has first use, I do not believe he has a
protectable trademark interest in what is basically a generic phrase. 
The only exception to my analysis is if the other guy could prove
secondary meaning, but that's for another day if ew154f is interested.

Thanks for the clarification, after following up what denco had to say
I see someone does have a very similar name and will consider other
options, it's good to know I have choices though.--ew154f

Howdy ew154f-ga,

The disclaimed "CORN FED" means that they disclaim having a trademark
on the phrase of "CORN FED" but not that they disclaim the phrase of
"IOWA CORN FED."  Note that the disclaimer says: "NO CLAIM IS MADE TO
THE EXCLUSIVE RIGHT TO USE 'CORN FED' APART FROM THE MARK AS SHOWN."

For instance, the "Blue Man Group" disclaims having a trademark on the
word "GROUP," but I wouldn't try being a performance group or band by
the name of "Green Man Group."

This just means that someone can come along and use "NEBRASKA CORN FED
BEEF," just as someone has done.

Let us weigh the possible results.  You put in a fair amount of effort
and use "iowacornfedbeefonline.com" and promote it at no little expense,
get in rated well in the search engines, and then this other person sues.

You get locked in court, the other person makes a persuasive argument to
ICANN/WIPO, and you lose it all.

Instead, you could get something such as "countrycornfedbeef.com" and
get a trademark on "Country Corn Fed Beef" and be less exposed.

However weak the trademark "IOWA CORN FED" might appear, it is still a
registered trademark, and as such, the owner of the trademark has the
responsibility of making sure no one infringes on that trademark.  This
usually means letters from attorneys.

Now, if ipfan-ga were to pay your trademark attorney fees, that might be
a different situation.  If it were me, I would think up and research some
alternatives.

Looking Forward, denco-ga - Google Answers Researcher

Denco is right that a more risk-averse approach is better than getting
sued, but remember that anyone can sue anyone for anything.  If this
guy's rabid, he'll sue you even if you use countrycornfedbeef.com.  My
point was that if this guy comes after you, no matter what name you
use, you have some excellent defenses.

Best of luck.