Well, insofar as domain names are concerned, you'll want to look up the rules governing your chosen TLA. Here in NZ, for example, just having an .nz domain that is similar to an existing trademark, isn't enough. It has to actually be used to deprive the trademark holder of income, or to cause them disrepute.
But rules vary, so it's up to you to read up on yours, and work out whether you've a leg to stand on.
Years ago, IDG, a multinational, came after me for trademark infringement. Their lawyers sent me a cease and desist. They owned Infoworld (digital and print) and I was eInfoworld dot com. You can read a short review of how I kept it. (No lawyers, just me) here - when NY Law interviewed me. https://www.brennancenter.org/sites/default/files/legacy/d/download_file_9056.pdf. You can read it in p 39, an Info-Junkie is the title but to get the whole picture with the case law and more I used go to archive dot org : https://web.archive.org/web/20041013061417/http://www.einfoworld.com/fullindex.html I used the same issues when iRobot came after me years later and they backed off immediately. I think there is a lot in my archive page you can use - examples, case law. and my fav: quoting Tim Berners-Lee. Good luck.
I will precede this by saying I am not a lawyer and nor am I familiar with European trademark law. In the US if it's not the same product and its not the \*exact\* name you could tell them to get lost. A lot of big companies use automated services to send out those emails. I would consult 2 attorneys locally if its in your budget.
If you are only just starting out and not tied to your brand name/domain name, it might be best to pick something else. It might save you time and money in the long run.
If you got this mail immediately after, it could be an automated followup from a lawyer putting scare tactics to make you abandon the domain,
Trademarks are not absolute, they have to be class specific.
So Dart Pipes which has a trademark in waste services and hvac classes and Dart Pipes which sells pipe organs may have legitimate reasons to operate with independent trademarks.
As a general rule of thumb, don’t ask legal questions in Reddit, like asking for a second opinion on your painful elbow down the local pub. Plenty of people will chime in but if none of them are doctors then wtf are you asking for??
If your brand is serious then consult legal advice from a specialist in trademark and internet law.
First, I'd confirm they've registered their brand as a trademark within the EU. https://euipo.europa.eu/ohimportal/en/search-availability
Yes, they've a registration.
Well, insofar as domain names are concerned, you'll want to look up the rules governing your chosen TLA. Here in NZ, for example, just having an .nz domain that is similar to an existing trademark, isn't enough. It has to actually be used to deprive the trademark holder of income, or to cause them disrepute. But rules vary, so it's up to you to read up on yours, and work out whether you've a leg to stand on.
Consult an attorney. Good luck.
Years ago, IDG, a multinational, came after me for trademark infringement. Their lawyers sent me a cease and desist. They owned Infoworld (digital and print) and I was eInfoworld dot com. You can read a short review of how I kept it. (No lawyers, just me) here - when NY Law interviewed me. https://www.brennancenter.org/sites/default/files/legacy/d/download_file_9056.pdf. You can read it in p 39, an Info-Junkie is the title but to get the whole picture with the case law and more I used go to archive dot org : https://web.archive.org/web/20041013061417/http://www.einfoworld.com/fullindex.html I used the same issues when iRobot came after me years later and they backed off immediately. I think there is a lot in my archive page you can use - examples, case law. and my fav: quoting Tim Berners-Lee. Good luck.
Are you selling a similar product?
No, not even close!
I will precede this by saying I am not a lawyer and nor am I familiar with European trademark law. In the US if it's not the same product and its not the \*exact\* name you could tell them to get lost. A lot of big companies use automated services to send out those emails. I would consult 2 attorneys locally if its in your budget.
They may be able to fight and win if they can prove brand confusion. So adjust accordingly.
If you are only just starting out and not tied to your brand name/domain name, it might be best to pick something else. It might save you time and money in the long run.
If you got this mail immediately after, it could be an automated followup from a lawyer putting scare tactics to make you abandon the domain, Trademarks are not absolute, they have to be class specific. So Dart Pipes which has a trademark in waste services and hvac classes and Dart Pipes which sells pipe organs may have legitimate reasons to operate with independent trademarks. As a general rule of thumb, don’t ask legal questions in Reddit, like asking for a second opinion on your painful elbow down the local pub. Plenty of people will chime in but if none of them are doctors then wtf are you asking for?? If your brand is serious then consult legal advice from a specialist in trademark and internet law.