Trademark Rights for Domain Names

QUESTION:

I recently registered the domain name hearts-rummy.com and received a cease-and-desist letter claiming that “HEARTS” is a trademark. I’m trying to determine whether it’s safe to proceed.

ANSWER:

Yes, it is possible that someone has trademarked the term “HEARTS”.

• • Companies can sometimes acquire surprisingly broad rights.

  • However, others may overreach and assert rights they don’t truly have.

• Based on what you’ve said (registering a domain only, with no content),
  it appears this may be a case of overreach:

  • A domain name by itself—especially one using two generic terms—usually doesn’t infringe unless it’s used in a way that relates to the trademark owner’s goods/services.

• Important trademark lesson:

  • If your mark is a common or generic term, like “HEARTS”, it’s harder to enforce.

  • You’ll likely encounter:

    • Innocent infringers.

    • Higher costs chasing misuse.

    • Lower chances of exclusive rights.

  • Conversely, unique or obscure marks are easier to protect.

• Example:

  • “NIKE” is not made up, but it’s an obscure term unrelated to shoes or apparel.

  • If you registered a domain like nike.shoes.com—even without content—you’d almost certainly face a swift and successful claim from Nike, Inc.

The real question is:

What rights does the company actually have in the term “HEARTS,” and does your domain infringe those rights? If you’re facing this kind of legal uncertainty, it’s best to contact Inspired Idea Solutions for a professional trademark evaluation and guidance on your specific situation.