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Opinion on possible trademark infringement

Jay Ha

New Member
Absolutely hate that my first thread on DNTrade is related to trademark infringement but I need you guidance since I'm new to this business.
Around 1 week ago, I came up with an idea to develop a website for "lay by" comparison where I list all stores that offer this service and compare their terms for users to check and make up their minds on which store to use this service from. Meanwhile, I have it listed in domain marketplaces in case I don't manage to execute my idea I'd still be able to profit from this domain since 'lay by" is a common retail practice.

The domain is: L A Y . B Y (Belarus cctld)

After checking the wipo database today, I found several trademarks with the term mentioned and now I'm worried if it might put me in risk of getting "that" phone call from said holders' lawyers.

Am I on the safe side or not? Appreciate your insights on this one.
 

Luke

Top Contributor
A late reply, but it may help someone else in a similar position.

Here's an example of someone that registered a trademark, hardly did anything with it, then forced a popular company to change their name.
https://www.dynamicbusiness.com.au/...-in-court-barefoot-wines-barefoot-radler.html

Trademark owners legally have to enforce their trademarks in order to keep them.

"You need to ensure your trade mark continues to be regarded as a trade mark. If your trade mark becomes known as the generic name for your goods or services a third party could have it cancelled through the courts."

Source: https://www.ipaustralia.gov.au/trade-marks/managing-your-trade-mark/maintaining-your-trade-mark
 

snoopy

Top Contributor
Doubt there is any real risk. Having said that the domain isn’t great, I suspect it is an Australian term and the spelling seems wrong.
 

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