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I'm trying to create my own website, and on the landing page, I'm planning to have the words:

Your Content Matters. Whether it be blog posts, how-tos, buying guides, or more, I’m always here to make it happen.

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 -> 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.

So, does words on a landing page even count towards possible trademark or copyright violation? For example, I found this website:

https://www.amysuto.com/

And if you scroll down a bit, you'll see the words YOU ARE WHAT YOU CREATE .

Searching that phrase shows that " fusian inc CORPORATION " already claimed it. And yet, amy is a well-established writer, and that phrase being on there doesn't seem like a problem.

No Name
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1 Answers1

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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:

  • The companies operate in the same domain or with similar products (e.g. they both sell clothes)
  • The companies operate in overlapping geographical locations (e.g. both in the same city)
  • The companies target the same audience
  • There's a possibility that potential customers get confused about the fact that there are two companies with said name/trademark.

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 "Microsoft Pizza Service", even though Microsoft does not sell pizzas (yet).

Reference: https://gewerblicherrechtsschutz.pro/markenrechtsverletzung

PMF
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