No photo
Posted almost 3 years ago.

Glen, thanks! However, as I said, the URL of both companies are different but when you visit the company B website it says "welcome to Cheap Books USA" where the first company url is and have trademark of ""

Can company A sue company B for having a part of their trade mark name? I know these names are very descriptive and common used on the world of internet. But what is the chances company A win?

Glen Nuttall
Glen Nuttall, Trademark Application Attorney - Irvine, CA
Posted almost 3 years ago.

Based on these skeletal facts, I'd say there is very little chance Company A would win. In such a lawsuit, Company B would surely assert that "books usa" is a generic term, because, well, "books" is pretty generic for a bookseller, as is "USA" for a US bookseller. The chance of surviving that challenge seems slim - and expensive. Then, if Company A can convince a court that "books usa" is not generic, but is only descriptive of the goods it sells, then it has to show that consumers generally associate "books usa" with Company A. Company A would have to show lots of promotion, exclusive use of the mark for quite a while (us. 5+ years), and the like. Company may even have to run a customer survey to show people think of "books usa" as a trademark for Company A. This is a lot of work, a lot of litigation money, and a relatively low chance of success. A litigation win seems extremely unlikely.