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User: David+McGroty

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  1. Re:trademark infringement and dilution on What to do when your Domain is Threatened? · · Score: 1
    Actually, this isn't the way trademarks work. For instance, a certain business name may be trademarked in one field, and a business not likely to be confused with it (and unlikely to "dilute" the other trademark by lessening it's value) is usually determined not to be an infringement. A good example is Ace Hardware, Ace Bandages and the umpteen other businesses that use the word "Ace" in them.

    The real issues likely to come up in court are:

    1. Does purdueonline.com appear to be an official site sponsored by Purdue to the average Joe?

    2. Is the reputation or commercial value of Purdue University negatively influenced by the domain?

    3. Was purdueonline.com contacted as part of a mass-contacting of all potential infringers, or simply because that was the name Purdue *wants*?

    Of these, answering either of the first two questions with a YES is a coffin nail for the little guy - those are the specific protections that trademarks afford an entity. Conversely, answering the last question NO is an excellent position from which to defend (and potentially recoup costs/countersue) -- if the other domains that could also be viewed as infringers were not contacted along with the poster, then it does fall under "selective enforcement" - which is one of the quickest ways to weaken your OWN trademark in the eyes of a court.

    Best of luck.

    Mac