Websites with possibility of confusion

[RaynaeA]

Can I contact register.com and have the other persons domain name removed?

[aaron]

You mean ICANN? On the basis of a possibility of confusion alone, with no registered trademark?

[RaynaeA]

No there is a trademark attached to one of the parties invloved!

[aaron]

You may follow ICANN's dispute resolution policies.

[RaynaeA]

I saw this on your site:
Trademark Infringement

A trademark may be regarded as infringed if the trademark holder establishes that the mark of another person or entity:

1.

The mark of the infringing person or entity creates a likelihood of confusion in the mind of a purchaser, as a result of the use of the identical or similar mark in connection with its goods or services;
2.

The person alleging infringement has the exclusive right to use the mark in association with the goods or services at issue in a particular geographic or trading area;
3.

The person alleging infringement engaged in prior and continuous use of the mark; and
4.

The mark is valid.

It is not necessary that a trademark be registered in order to commence litigation for infringement. However, a properly registered federal trademark is presumed to be valid.

If a trademark violation is established in court, the court may issue an order enjoining the infringing party from engaging in any further conduct which would be likely to cause confusion with the valid trademark. The owner of the valid trademark may also be able to recover money damages associated with the improper use of the mark. Finally, a court may also award to the trademark owner the profits obtained by the infringing party through its improper use of the mark.
http://www.expertlaw.com/library/int...ark_law.html#9

So if I am understanding that the person who has a trademark already, can infact go after the other party in a court and go after them for damages? Is that the same thing that ICANN does?

[aaron]

No. You asked about challenging a URL registration over trademark issues. That's what the ICANN procedures are about.

[RaynaeA]

You mean ICANN? On the basis of a possibility of confusion alone, with no registered trademark?

But you stated here if there was no trademark and I stated that there was so that is why I brought up the other question. Would they not fall under the same guide lines? Because wouldn't they be doing the same thing?

[aaron]

If you feel you have grounds for a lawsuit over a trademark violation, file a lawsuit. If you feel you have grounds to have a URL reassigned for violation of a trademark, you may be able to resolve that claim through ICANN without filing a lawsuit.

[RaynaeA]

thank you for your help.