About: Use in commerce

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About: Use in commerce Sponge Permalink

An Entity of Type : owl:Thing, within Data Space : 134.155.108.49:8890 associated with source dataset(s)

Use of another's same or similar trademark in a domain name can subject the domain name owner to liability for federal trademark infringement or dilution under the Lanham Act depending on the content of the corresponding website. There is no liability, however, unless the domain name owner has "used" another's trademark "in commerce." The term use in commerce refers to the bona fide use of a trademark or service mark in either interstate or foreign commerce in the ordinary course of trade. The Lanham Act (U.S. trademark law) provides that:

Attributes	Values
rdfs:label	Use in commerce
rdfs:comment	Use of another's same or similar trademark in a domain name can subject the domain name owner to liability for federal trademark infringement or dilution under the Lanham Act depending on the content of the corresponding website. There is no liability, however, unless the domain name owner has "used" another's trademark "in commerce." The term use in commerce refers to the bona fide use of a trademark or service mark in either interstate or foreign commerce in the ordinary course of trade. The Lanham Act (U.S. trademark law) provides that:
dcterms:subject	Trademark Legislation-U.S.-Federal Legislation Legislation-U.S.-Trademark
dbkwik:itlaw/prope...iPageUsesTemplate	dbkwik:resource/UnDipahpDqhUBQHIT-NMRQ==
abstract	Use of another's same or similar trademark in a domain name can subject the domain name owner to liability for federal trademark infringement or dilution under the Lanham Act depending on the content of the corresponding website. There is no liability, however, unless the domain name owner has "used" another's trademark "in commerce." Trademark infringement occurs when the defendant uses in commerce another's mark, without consent, in connection with the sale, offering for sale, distribution or advertising of any good or service, where such use of the mark is likely to cause confusion, mistake or deception. The term use in commerce refers to the bona fide use of a trademark or service mark in either interstate or foreign commerce in the ordinary course of trade. The Lanham Act (U.S. trademark law) provides that: For goods, the mark must appear on the goods, the container for the goods, or displays associated with the goods, and the goods must be sold or transported in commerce. For services, the mark must be used or displayed in the sale or advertising of the services, and the services must be rendered in commerce. Trademark dilution claims also require use of another's mark in commerce. In order to state a federal trademark dilution claim, the plaintiff must show that its mark is famous and that after it became famous, the defendant made "commercial" "use" of the mark "in commerce" which dilutes the mark's quality. Some courts have interpreted the addition of the term "commercial" in the dilution statute to be "roughly analogous" or "virtually synonymous" with the "in connection with the sale of goods and services" definition for "use in commerce" under infringement.

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