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Is this violation of trademark - domain name <tradeMark>inc.net?
Domain name violation
nerdCoin




msg:4317181
 11:49 pm on May 24, 2011 (gmt 0)

I started a business and came to know the business name uses trademark of another company as

<tradeMark> <English Word>

and created a domain name <tradeMark>inc.net as I wanted to name the business as <tradeMark> Inc but it was taken so I've to register the business as <tradeMark> <another word>

Now I received a letter from a company that says I'm in violation of the domain name because they hold the <tradeMark>.

I'm not in selling of good as they are but in the service business.

Is it a violation and do I've to change the domain name for my website?
i.e. give up <tradeMark>inc.net
and
Will I be able to use <tradeMark><anotherword>.com as it will be same as the business name?

 

wheel




msg:4317191
 11:58 pm on May 24, 2011 (gmt 0)


Is it a violation and do I've to change the domain name for my website?

Whether it's in violation, seriously, that would take the courts to decide.

But if you want opinion from the internet, you've clearly indicated that you just added a word on to someone's trademark. And the reason we have trademarks is to stop people from doing exactly what you've just done. What would you think if someone did that to you after you took the time to trademark something? I know my response would end with "...and the horse you rode in on.'.

My suggestion, you should do two things:
1) Change your domain name to something that doesn't involve someone else's trademark.
2) Go see a lawyer for a non-internet opinion. Really. Everyone seems reluctant to pay a couple hundred bucks - and I'll skip lawyers given the opportunity - but my concern for you is that you may already be in violation and that simply changing your domain name isn't good enough. But what do I know? You don't need to hire a lawyer for a long drawn out trademark dispute, but you would be well advised to have a short conversation just to make sure whatever action you do take doesn't screw you further.

nerdCoin




msg:4317196
 12:02 am on May 25, 2011 (gmt 0)

The trade mark doesn't make sense because it is a generic english word with a letter attached to it and how can such a common word become a trade mark.

<letter><Common English Word>

How do you select name for a business if you can't use common english word?

Also I had no intention of using someone else <tradeMark>, how can I possibly use a website domain for my business.?

LifeinAsia




msg:4317201
 12:08 am on May 25, 2011 (gmt 0)

I agree with Wheel. A lawyer who is knowledgeable about this issue will be able to give much better advice than we non-lawyers who do not have access to all the particulars of this issue. You should be able to find a lawyer who will provide you a very inexpensive consultation (some for less than $100) to give you an idea of where you stand and some basic options for moving forward.

By thew way, if you think a few hundred dollars is expensive, you don't even want to consider the costs should the company decide to take you to court!

nerdCoin




msg:4317202
 12:13 am on May 25, 2011 (gmt 0)

It's not the question of paying lawyers. It's the question of understanding the system. I proud myself to be intelligent enough to understand any law if need be. I'm looking for a reason able explanation for this. If anyone can point to a law/section that would put light on what is considered as legitimate infringement then I can take an assessment whether or not I'm in violation of any law.

Leosghost




msg:4317210
 12:27 am on May 25, 2011 (gmt 0)

As an example ( hopefully this isn't the trade mark you meant ) ..Tmobile is just mobile with a T on the front ( and is trademarked )..so you can't use Tmobilephone ..even if you sell mobile phones..

Unless you are a trademark lawyer and looking to make yourself a reputation as a bad judge of what you can win in court ;-).."passing off", is, I think the English legal term..

If you aren't a lawyer ..go see one ..

re domain names ..not all the best ones are taken ( every time I look, I see ones others have missed, but so little time to dev' all of them ) ..but using someone else's TM is like pitching your tent in some one else's garden..impolite and asking for trouble.

search string ...UK trademark law defined...

wheel




msg:4317218
 12:45 am on May 25, 2011 (gmt 0)

The trade mark doesn't make sense because it is a generic english word with a letter attached to it and how can such a common word become a trade mark.

You're not trying to understand the system. You're trying to justify your actions.

You took someone's trademark, by all accounts deliberately, and now they want you to stop. What's so hard to figure out about that?

If you want to figure out if people can trademark english terms, try releasing a version of linux that you call 'windows'.

But if that was it, I'd say just change the name and carry on. But that's not the only pickle you may be in. Maybe you're liable just because you already trampled on their trademark - and things you do to solve that situation might be making it worse or showing that you're liable. I don't know, that's why you should spend a few bucks on an initial consultation. Not just to get advice on how to move forward (which frankly, perhaps you could do without a lawyer) but also to make sure you're not already in trouble, and if so, how to minimize the problem. This shouldn't be an expensive task.

So you're on a window ledge with your accountant and your lawyer. Which one do you push out first?

The accountant. Because business before pleasure.

dailypress




msg:4317281
 5:05 am on May 25, 2011 (gmt 0)

The trade mark doesn't make sense because it is a generic english word with a letter attached to it and how can such a common word become a trade mark.
Do the trademarks: iPhone, iPad make sense? ... never mind common words like "Apple" with no letters attached...
lucy24




msg:4317297
 6:26 am on May 25, 2011 (gmt 0)

I'm not in selling of good as they are but in the service business.

Are you saying that you're in a completely different line of business, you just happen to be using the same name? Trademarks are not unique. It's only an infringement if there's a reasonable possibility of error. Go to the web site of the U.S. Patent and Trademark office [tess2.uspto.gov] and look up any well-known trademark. (Zipper, say, or the element "Mc".) The same name can be registered to dozens of different companies doing dozens of different things-- or even the same thing, if they're both strictly local and at opposite ends of the country.

Now go have a chat with a lawyer. Then you will know where you stand.

LifeinAsia




msg:4317496
 4:27 pm on May 25, 2011 (gmt 0)

how can such a common word become a trade mark.

It could be a valid trademark. Or it could have been mistakenly issued by some moron who didn't completely understand the rules, but issued it anyway. Either way, if you are in violation of it, you are in violation of it. Sure, you can try fighting it to try and get the trademark rescinded. But that's going to be an extremely costly fight, with no guarantee that you'd win.

Again talk to a lawyer. You never know, maybe you'll find a Don Quixote lawyer who is so incensed by the issue that he'll take your case pro bono.

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