Trademark Similar Domain Name: Possible Trademark or Copyright issue?

[kmercier1]

Jurisdiction

California

I purchased a eCommerce website/domain from a third party seller, for the sake of this post I'll call my website "PINKPLUSH.com"

As I'm setting up social media accounts for my shop, I come to find there is an already existing brand/domain called "INKPLUSH.com". I brought my concern to the seller, but he claimed he wasn't aware of the existence of the site prior to me mentioning it and also then said there is nothing illegal about it because our sites look nothing alike.

Please note: As in the example, our domains are off by ONE letter. So if you left out the P in "pinkplush" you would be directed to their website instead of mine.

Potential issues:
- INKPLUSH.com has an LLC claim at the bottom of their website.
- BUT, neither of our brands are registered federal trademarks

Could this place me at a potential risk for copyright infringement or "confusingly similar" law? We are both in the same industry of selling women's clothing online although our products are not exactly the same.

'INKPLUSH' while established, is not really a widely known website. I would definitely prioritize getting my own name LLC/TM registered and brand to stand out if I knew there wouldn't be any risks involved. At this point it's a nonrefundable purchase so I need honest advice whether it's safe to pursue this.

 

[adjusterjack]

I brought my concern to the seller, but he claimed he wasn't aware of the existence of the site prior to me mentioning it and also then said there is nothing illegal about it because our sites look nothing alike.

Never take legal advice from anybody who sold you something.

INKPLUSH.com has an LLC claim at the bottom of their website.

No clue as to what your point is there.

neither of our brands are registered federal trademarks

Doesn't have to be. Trademarks have protection the minute they come into existence and are used. Registration only provides public notice of ownership and strengthens the recourse. Visit the US Patent and Trademark Office website and educate yourself.

Could this place me at a potential risk for copyright infringement or "confusingly similar" law?

Since you have to ask the question, the obvious answer is yes.

We are both in the same industry of selling women's clothing online although our products are not exactly the same.

Women's clothing = Women's clothing. Your products are still women's clothing regardless of the difference in style.

At this point it's a nonrefundable purchase so I need honest advice whether it's safe to pursue this.

I see two options:

1 - Play it safe, change your business name, buy another domain name, eat the loss as a cost of doing business.

2 - Hire a trademark/copyright attorney to guide you based on the actual names and defend you against any lawsuits that come your way.

Decide whether 1 or 2 is potentially less costly and act appropriately.