Trademark Domain Name Concerns

Summary

Using a domain name similar to a trademarked phrase like Learn English Fast can lead to legal issues if it causes consumer confusion. In Ontario, trademark infringement depends on the likelihood of confusion and active use in commerce. If the trademark holder is actively using the trademark, using a similar domain might pose risks. Since no concerns have been raised yet, immediate legal issues may not arise, but its important to ensure your branding and services are distinct. Consider consulting an intellectual property lawyer for tailored advice.

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They are located in US, I'm in Ontario
In Ontario, trademark infringement hinges on the likelihood of confusion and active use in commerce. If the trademark holder is actively using "Learn English Fast" in commerce, using a similar domain might pose risks.
- Likelihood of Confusion: Legal issues arise if consumers confuse your services with the trademark holder's.
- Domain Name Use: Using a similar domain can lead to challenges.
- Fair Use: Descriptive or non-commercial use may be permissible.
Has the trademark holder raised any concerns or legal actions against you?
No
Thanks for sharing your situation, Jon. Since the trademark holder hasn't raised any concerns yet, you might not face immediate legal issues. However, you should be cautious about:
- Likelihood of Confusion: Ensure your branding and services are clearly distinct.
- Domain Name Use: Be prepared for potential challenges.
- Fair Use: Consider if your use could be seen as descriptive or non-commercial.
If you want to explore this further or need more tailored advice, consulting with an intellectual property lawyer could be beneficial. Let me know if you'd like help connecting with one!