Usernames are generally claimed on a first-come, first-served basis. This means that you may see a Hobbmate account that includes your trademark in its username. While there may be cases where this type of use can be reported for trademark infringement based on the context of its use, please note that not every use of your trademark in a username is necessarily a trademark infringement. The same word used in a different context may not violate your trademark.

What is Trademark Infringement

Generally, trademark infringement occurs when:

  1. A person uses a trademark owner's trademark.
  2. That person's use is in commerce, meaning that it's done in connection with the sale or promotion of goods or services AND
  3. That user is likely to confuse consumers about the source, endorsement or affiliation of the person's good or services.

The touchstone of trademark infringement is often “likelihood of confusion,” and there are many factors that are considered to determine if a use of a trademark is likely to cause confusion. For example, when a person’s trademark is also used by someone else, but on unrelated goods or services, that use may not be infringement because it may not cause confusion. Which party used the trademark first can often be an important consideration as well. There are also many limits to trademark rights, such as geographic limitations, as well as the ability for someone to use your trademark to lawfully comment on or criticize your goods or services. 

Please note that the law in different countries relating to trademark rights and trademark infringement can vary. If you’re not sure if a particular use of a trademark would be considered infringement, you may want to consult with an attorney.

Reporting a Trademark Infringement

If you believe that a username infringes your trademark rights, you may want to contact the responsible person and try to resolve your issue with them directly. If you’re sure you want to report a username on Hobbmate that you believe infringes your trademark, you can do so by emailing us here, make sure to include the username, proof of your ownership of the trademark and as much related details as possible.