Domain Name v. Company Name

Posted by Michael Shimokaji | Dec 26, 2014 | 0 Comments

Question: Looking into purchasing a domain name called for example: BostonAcuraParts.com but there is a company in Boston called Boston Acura Parts which is registered as a corporation in Massachusetts, they have a different domain name however. They do not have there company name trademarked or service marked, nor are they allowed to I believe because its just a phrase and cannot trademark that. My company name is not Boston Acura Parts but for example Lifestyle Acura Parts. Both of us sell the same products and I want the domain name because its a heavily search phrase in google. From research been doing it sounds like it could be ok but cannot find clear answer and just wanted to cover bases first before purchase domain. Does this all sound legit?

Answer: Whether you can legally use a domain name and whether you can legally use a trademark are separate questions. In other words, a domain name may not necessarily be a trademark. If it is not a trademark, there cannot be trademark infringement. Therefore, it could be possible to use a domain name without infringing another's trademark.

Your research may have indicated that merely descriptive terms cannot be trademarked, and that Boston Acura Parts might fall in that category.

However, whether you can legally use Acura in your name might be something you should further investigate.

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.

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Free Consultations

Get answers to your questions from a patent lawyer and trademark lawyer. Contact us for a free consultation - by phone or video conference or in person.

Menu