Going into court with a defense of "I did not mean it" very rarely helps when it comes to trademark infringement.
Even if a website owner`s intention is in fact non-commercial (though it rarely is), the issue is whether his actions had a commercialeffect. The proper inquiry is not one of intent. If consumers are confused by an infringing mark, the offender’s motives are largely irrelevant. Even “minimal” advertisements may constitute use of the owner’s trademark in connection with the advertising of the goods, which the Lanham Act proscribes.
James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."