Can a website contain a trademarked phrase? 1 Answers as of August 09, 2010

I have a question regarding whether a trademarked phrase can be used in the name of a website domain. For instance, can a website called TacoBakingRoom.com still use that domain name if the phrase “Taco Baking” has already been trademarked? Does such a website violate intellectual laws? Does it violate laws even though it's similar because it includes the name? Is the website in infringement even if it was in existence before the copyright was approved?

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Nelson & Lawless
Nelson & Lawless | Terry Nelson
If any wording tends to infringe, confuse or mislead, it would be the basis of expensive IP litigation. There is no safe answer to your question, other than to proceed at your own risk with similar logos, artwork, names, words or phrases. That is what keeps IP litigation lawyers busy. Many well known companies go to great lengths to scare off infringers, whether justified or not. Remember: anybody can sue anybody for anything. Winning is a different question.
Answer Applies to: California
Replied: 8/9/2010
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