copyright internet trademark trade-name
What counts as word mark (or trade mark) violation?
<p>I'm trying to create my own website, and on the landing page, I'm planning to have the words:</p>
<p>Your Content Matters.
Whether it be blog posts, how-tos, buying guides, or more, I’m always here to make it happen.</p>
<p>But the phrase Your Content Matters seems quite possible to be taken/used by some other company already. I did go onto tmsearch.uspto.gov -&gt; New User (Basic Search) and searched that phrase with all other settings on default, and no results came up. However, I have no idea if that means I'm good to go or not.</p>
<p>So, does words on a landing page even count towards possible trademark or copyright violation? For example, I found this website:</p>
<p><a href="https://www.amysuto.com/" rel="nofollow noreferrer">https://www.amysuto.com/</a></p>
<p>And if you scroll down a bit, you'll see the words YOU ARE WHAT YOU CREATE .</p>
<p>Searching that phrase shows that &quot; fusian inc CORPORATION &quot; already claimed it. And yet, amy is a well-established writer, and that phrase being on there doesn't seem like a problem.</p>

<p>For a trademark violation, several conditions must be fullfilled. For two companies that use the same trademark / company name, all of these must be true:</p>
<ul>
<li>The companies operate in the same domain or with similar products (e.g. they both sell clothes)</li>
<li>The companies operate in overlapping geographical locations (e.g. both in the same city)</li>
<li>The companies target the same audience</li>
<li>There's a possibility that potential customers get confused about the fact that there are two companies with said name/trademark.</li>
</ul>
<p>If any of the above is not true, a trademark violation lawsuit is not very likely to succeed. However, the detailed analysis will also need to consider how well known a certain brand is. You can probably safely open a restaurant with the same name another restaurant has at the other end of the country, while it might be difficult to open a &quot;Microsoft Pizza Service&quot;, even though Microsoft does not sell pizzas (yet).</p>
<p>Reference: <a href="https://gewerblicherrechtsschutz.pro/markenrechtsverletzung" rel="nofollow noreferrer">https://gewerblicherrechtsschutz.pro/markenrechtsverletzung</a></p>
