Overview

You need to consider the issue of customer confusion if you have run your proposed domain name through a trademark search and found that a similar name—one that resembles yours in sound, appearance or meaning—is already being used by another business. Whether or not you should go ahead with your name depends on whether doing so would create a likelihood of customer confusion. If there is a likelihood of confusion, you risk being sued for trademark infringement if you use the name. If customer confusion isn't likely—for example, Delta Airlines and Delta faucets have coexisted peacefully for years—you can go ahead with the name.
Warning
If you're worried about infringement—yours or someone else's—the advice of an experienced attorney can be very helpful. Courts resolve trademark disputes on a case-by-case basis, and someone who has studied a variety of cases should have an informed opinion. See Chapter 9 for advice on how to find a trademark attorney.