|
Domain Names may be considered "Use in Commerce" |
|
A religious group that registered domain names that incorporated the trademark of a larger religious organization infringed the marks and engaged in unfair competition, the U.S. District Court for the Western District of Tennessee held June 11. General Conference Corporation of Seventh-Day Adventists v. McGill, 2008 ILRWeb (P&F) 2023 [WD Tenn, 2008].
The Sixth Circuit has listed the following factors used by courts to determine whether a likelihood of confusion exists, the court explained, including:
• the strength of the senior mark;
• relatedness of the goods and services;
• similarity of the marks;
• evidence of actual confusion;
• marketing channels used;
• the likely degree of purchaser care; and
• the likelihood of expansion of the product lines.
"At least one circuit has held that the jurisdiction of the Lanham Act constitutionally extends to unauthorized uses of trademarks on the Internet, because the Internet is generally an instrumentality of interstate commerce," the court explained, citing Utah Lighthouse Ministry v. Found. for Apologetic Info. & Research, (10th Cir 5/29/2008).
|
