Internet Use of Trademark

[KeyWestDan]

I have a question. As we know, US trademarks are in different classes of goods and services.

Company A owns a trademark on its name, but only for a particular class of machine. It has no trademark that covers the internet. It has several trademarks on its name but all in the same class of machine item.

Company B wants to sell a supply item for these machines. Would it be a trademark infringement or not to use that name in keywords of the website?

Why or why not?

Wanted to get feedback from others.

Thanks.

[Mr. Knowitall]

It seems quite obvious that the use you propose would create confusion among consumers and would be infringing. There's no "they don't have a website" exception to trademark law.

[KeyWestDan]

You fail to recognize that trademarks are in classes of goods and services.
There can be two identical marks in two different classes, so if my use of it is not in a class they have registered, it shouldn't be an infringement.

Also, the use of trademarks in keywords is an issue that the federal circuits are split on. However, there has been no discussion or decisions on marks that are in different classes from the usage that I can determine.

However, as a practical matter, the trademark is a very common word combined with a very common abbreviation, so I don't have to use the actual mark itself.

Also, if it used just for identification purposes I don't see how it is infringement. Lets say I sold parts for GE washers. You mean to tell me I can't identify my parts as for GE washers?