How Is Infringement Determined

Posted by Michael Shimokaji | Apr 08, 2014 | 0 Comments

Question:Am I at risk for being sued by using domain and brand name “sexipedia”? i am worried might try to sue

i am the owner of the domain and i want to build the wikipedia of sex basically.

Answer: It certainly seems possible that you may be infringing another's trademark. Infringement is based on a number of factors, including similarity in the sound of the two marks, the appearance of the two marks, and marketing channels of the two marks. Also, famous marks are entitled to protection from dilution, separate from whether there is infringement.

About the Author

Michael Shimokaji

Michael’s expertise includes the strategic development of patent and trademark portfolios. He identifies those patents and trademarks that are valuable to his clients by providing them with a competitive advantage. Then, Michael obtains patent and trademark registrations in the US and abroad.


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