Allegedly, a new fashion blog called, ”TheCoveted.com” has stolen its name from an already established fashion blog called “The-Coveted.com.” The-Coveted.com is a fashion blog that focuses on Jennine Jacob’s personal style. Does the “-” amount to a lawsuit?
Many fashion blog readers were confused when they realized that the blog at TheCoveted.comwas not affiliated with Jacob’s existing blog, The-Coveted.com, which has been using the name since 2007.
As for this amounting to a lawsuit, the issue comes down to how likely a user is to be confused.
Under common law, your trademark rights begin upon using the trademark, it has nothing to do with registration. Therefore Jacob has the better chance here since she was using her website before the “infringer.” My suggesting to Jacob is to go get her mark federally registered. Do you think there is a good lawsuit here?