Trade Name Issues – Others Using My Name

Need Protection Advice

[Richland]

I am the owner of a rapidly growing website and as part of my promotion I write ezine articles. Recently I was made aware of websites using my name to sell products. This is a uniquely spelled name so it is not a coincidence. I have never been contacted in regard to their use of my name.

Checking out the sites I found them to be a single page each with Google AdWords on them. Clicking on the “Advertise On This Site” link I was taken to the AdWords signup. I get the impression that Google owns or manages these sites.

Checking with Trademarks and Patents I was told that others could use my name to sell products that I am not selling. I have since purchased the .com for my name and we are developing a site that has affiliates offering many types of products. Has anyone out there had this experience? Will I need to take the suggestion of the patent office and register my name in 45 different categories at $325 each? Any suggestions would be appreciated.

[axgrindr]

This is a uniquely spelled name so it is not a coincidence. I have never been contacted in regard to their use of my name.

What makes it your name? Have you registered the trademark for it?
Are you sure these sites did not exist before you thought of the name?
Maybe try checking the wayback machine to see if you are the first site to use the name you thought of.

Clicking on the “Advertise On This Site” link I was taken to the AdWords signup. I get the impression that Google owns or manages these sites.

This would be an incorrect assumption. Anyone can run Adsense ads on their sites. Google has nothing to do with the site or your name.

I have since purchased the .com for my name

Purchasing the .com for the name doesn't automatically make it your name either.
I would check with a lawyer to find out exactly what you have to do to secure the rights to "your" name.

[Richland]

I only purchased the .com to keep it out of the hands of others after I found that these sites also associate some of my articles with them. And yes, I was the first to use the name. And yes I am talking to a lawyer about ways to avoid this same problem in the future. With the many people that come to this forum I was in hope that others that may have experienced a similar problem would share how they remedied it. I would like to avoid trademarking my personal name under 45 categories at a cost of over $12,000.

[BigDave]

I would like to avoid trademarking my personal name under 45 categories at a cost of over $12,000.

Don't worry, it won't cost you that much, because you can't trademark it in any categories where you don't do actual business.