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Legal Question in regards to DOMAINS!

please help

         

dailypress

6:09 am on Nov 29, 2007 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



The owner of "keyword1 + keyword2.com" which is a radio station claims that I have used their brand by using the domain "The + keyword1 + keyword2.com".
I met with the owner of the radio station and he kindly asked me to FW the domain to his website. I currently own several domains that has the prefix THE before keyword 1 and 2.
This site consists of links to several radio stations and since I listed his competitors he says that I am diluting his brand. Although I have also included a link to his site as well as his competition websites, I offerd to also include a footer stating that "our site is not affiliate with his site". I also offered to make his LINK stand out more among others. However, he still insists that I FW the domain to his site and/or he is willing to buy the domain at the regular price of 9.99/year!

I have no intentions on selling the domain what so ever!

I agree that I used a similar brand but since I dont have a radio station similar to his and only have links to popular radio stations and also have many other similar domains i.e. The+keyword1+keyword3.com and etc.... I dont think I am doing anything illegal!

I dont think I am using his brand to generate traffic and I also do not have any ill intentions of using anyones brand!

He says since both our companies are within the United States, he can file a lawsuit against me and prefers to handle things friendly!

Is that true? What would you guys recommend?

The site doesn't generate much revenue, but it is a well designed website and I enjoy managing it! However, I am not willing to just delete all my effort. On the other hand I dont want to ruin my relationship with him, because we are thinking of doing business together in other ways.

Although he mentioned legal issues, he has no plan to sue me but I had a feeling he wanted me to be aware of that so I give in easily.

please advise!

buckworks

6:18 am on Nov 29, 2007 (gmt 0)

WebmasterWorld Administrator 10+ Year Member Top Contributors Of The Month



If "keyword1 + keyword2" is his registered trademark he will have a VERY strong case against you if things end up in court.

Get some advice from a knowledgeable lawyer then do what you're told.

buckworks

6:21 am on Nov 29, 2007 (gmt 0)

WebmasterWorld Administrator 10+ Year Member Top Contributors Of The Month



One more thought: you wouldn't have to delete all your effort to settle this. Transfer your content to a new domain where you'd be building your own brand.

There's a lot more money to be made in establishing your own identity rather than just leeching off someone else's branding in the manner you describe.

dailypress

6:24 am on Nov 29, 2007 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



yes, but I had registered the domain long time ago before his site became very well established!

So for example you are saying no one can buy The Webmaster World.com?

buckworks

6:41 am on Nov 29, 2007 (gmt 0)

WebmasterWorld Administrator 10+ Year Member Top Contributors Of The Month



They could buy it but then what would they do with it?

Abusing other people's trademarks is a recipe for both legal troubles and bad karma.

dailypress

6:51 am on Nov 29, 2007 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



i.e.: lets say The American Airlines.com lists several American airlines.
Can American Airline.com sue The American Airlines.com for listing several competitors?

Or lets use European+Radio.com and The+European+Radios.com as an example.

So you are saying no can list european radio stations just because the brand european radio's taken?

Is that fair?

buckworks

6:56 am on Nov 29, 2007 (gmt 0)

WebmasterWorld Administrator 10+ Year Member Top Contributors Of The Month



That's exactly what I'm saying. They could list as many European radio stations as they wanted but they'd have to do it in a context that didn't abuse someone else's trademark.

Talk to a knowledgeable lawyer then do what you're told.

dailypress

7:22 am on Nov 29, 2007 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



thanks BuckWorks!
Im supposed to meet this guy again this weekend before I fly home. We will probably agree on something by Sunday.

jtara

8:22 pm on Nov 29, 2007 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



It really depends on just what keyword1 and keyword2 are. (And whether the term is a trademark.) Since WebmasterWorld won't allow you to post them here, I don't think we can render an opinion.

And, in any case, you need a legal opinion. As in, from a lawyer.