Trade mark infringement

Suppose that ABC is a famous trade mark; will a domain called also be considered to be a trade mark?

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Alasdair Taylor's Answer

From the perspective of English law, any word or sign that is used in the course of trade to signify the origin of goods or services may be a trade mark. So, a domain name may be a trade mark, but it depends upon context.

Perhaps the real question here is whether the use of the domain name could infringe the famous trade mark. The answer to that question must be: yes, it could infringe. Whether it does in fact infringe will depend upon the wider circumstances. 

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