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RED.com makes digital cameras for the cinematography industry and has tradermarks for "RED".

I would like to sell a product called called "something.red". The name of the product would be the domain name, something.red, .red is a gTLD recently introduced.

The product is not a digital camera, but a video transmission system. RED.com is not in the business of making video transmission systems, but their trademark is generic enough that I believe a video transmission system to fit in it. This is the registration I took a look at: https://euipo.europa.eu/eSearch/#details/trademarks/010579043

Am I looking for troubles using RED in a product name, even if RED is the gTLD?

Changing the product name now would be sort of a mayor problem, but it is still better than being forced to do it in a few months.

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I don't think anyone can give you definitive advice without a lot more information, but by my reading, this could come back to bite you - depending on your usage of the term.

I don't think the gTLD confers any protection to them or you, and if you use the name "RED" as a stand-alone or easily confused part of the name, you would be in trouble - I doubt it would be an issue if you were using red as a color (eg like Western digital uses different colors - including red - for there hard drives).

  • I'm not using RED standalone (it's always a single word from logo to marketing conventions) and yes, the product is of red colour (the plan is to release more products with other gTLD colours). I've tried to contact some trademark lawyer, hopefully that is not going to be too expensive. Thank you for the answer! – throwaway-912376a1 May 16 '16 at 13:11
  • In New Zealand, a trademark lawyer costs US$300 upwards per hour. (but an hour should be all you need I'd imagine). Good luck on your quest ! – davidgo May 16 '16 at 21:58
  • Lawyer suggested this to be a very, very bad idea :) – throwaway-912376a1 May 24 '16 at 17:25
  • Thanks for that. Would you care to expand on what lawyer said ? Was it along the lines of "It might be legal but its not worth the fight", or "going anywhere near the color RED in any way shape of form is a bad idea", and if the latter, why ? – davidgo May 24 '16 at 18:25
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    Sure, his comment is that my product name, something.red, is composed of two words, separated by a dot, something and red. Something is not the branding, something describes the product, and thus red becomes the branding. RED Inc. has something like 40 trademarks for RED and RED + word in Europe alone, and those trademarks are in the same category as my product (video cameras vs video transmission systems). He described it as very unlikely to be defended successfully. I have people that are starting to refer to my product as red instead of something.red, so I think he is right. – throwaway-912376a1 May 25 '16 at 9:10

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