With Your Name in (Virtual) Lights: Navigating the Thicket of Domain Name Disputes

But for a songwriter words in certain order are protectable, correct? so why for a product words in certain order can not be protected as a part of a logo?

Trademarks can include a series of words or phrases, including words that might be used in a song; such words/phrases just have to be used in connection with goods or services (e.g. merchandise, or entertainment services), and the words being trademarked have to be distinctive (meaning they don't describe the product/services they are being used with. A "product word" may not be protectable (i.e. registered as a trademark) if it merely describes a function, feature, or characteristic of the goods/services it is attached to because the product words might not be distinctive (i.e. indicating the source of the product/service as opposed to just describing the product/services itself).

Good presenation. Quick question. With AI finding increasingly its way into IP law, and in view of the rapid increase in AI search agents that navigate the web and provide direct answers rather than a list of blue links, do you think the "use in commerce" requirement may be defined differently than non-AI? In oter words, if a domain name is used primarily as a data source for LLMs rather than a destination for human consumers, does that satisfy the "use in commerce" requirements for maintaining or enforcing a trademark under U.S. trademark law?

I believe a trademark will still need to be used as a mark in order for it to satisfy the use in commerce requirement. Commerce has (and will) continue to evolve, but I think the principle of requiring source-identification, made through an actual offering of goods or services will stay the same. A “service” may be offered by a website that is functioning as a LLM for other AI tools (like search agents), but at the end of the day the website still needs to be offering a service to a consumer in order for a mark to be considered “use in commerce”. Use in commerce requires some consumer, whether that is a bot or a person. The question would be: does the “bot” make a purchase of the goods/services being offered by someone/something? If the answer is “yes”, then the mark would be deemed a use in commerce.