trademark

[skip97]

I am starting a business which supplies parts for jeep vehicles. In the website name and company name I am going to use the word "jeep" (ie jeeppartsonline,or thejeepplace) so that is describes what I am supplying. I will have a disclaimer stating that jeep is a registered trademark and that I am not affiliated. I am just supplying the aftermarket parts for that vehicle.

I contacted Chrysler months ago with no response. Another department gave me a very vauge answer. I also called 2 attorneys to make sure I am doing the right thing. No answer.

So maybe one of you all could help enlighten me. Or maybe recommend me to who I could speak with to get a definite answer. I would really like some advice while we are building this website and company.
Thanks

[ToxinMan]

So you want to register "jeep" so no one else can use it?

[jtara]

I also called 2 attorneys to make sure I am doing the right thing. No answer.

Does not compute. I've never gotten "no answer" from an attorney. You pay them, they render an opinion.

Er, you were planning on paying them, right? I wouldn't expect free legal advice except from a free legal clinic.

Have you looked at the U.S. Patent and Trademark Office's website?

By the way, did you know that they have a Kid's Page?

[uspto.gov...]

I particularly like this page, "listen to a mark":

(You can download and play trademarked sounds.)

[uspto.gov...]

Pop quiz! Can you download these and use them as ringtones?

(My guess would be "yes", as long as they are for your personal use, and you are not selling or giving them to others.)

And, then, there's this:

If you look for more of these unusual marks, you will also find other applications and registrations for trademarks that do not fit the traditional concept of marks as symbols or words. These include marks that are fragrances such as apple cider, peppermint, grapefruit, and peach; columns of light marking a spot; and even a simulated thunderstorm found in a grocery store's fruit and vegetable aisle!

[skip97]

no I want to use the word jeep in my website title as part of the name. But as a descriptive to what I was supplying accessories for. The word jeep as jeep vehicle is trademarked by chrysler. And yes I planned on paying the attorneys.

Thanks for your responses.

[Beagle]

If you have any kind of an agreement/contract with Chrysler about buying and/or selling the parts, look through that carefully to see if it says anything about it. When asking a lawyer, be sure to ask one with a background relating to trademarks. If it's been months since you contacted the department at Chrysler try contacting them again - on paper rather than with an email or a phone call. You could also send paper mail to the department that gave you a vague answer (assuming your previous contact was email or phone). Paper tends to be more likely to get shuttled around until it gets to someone who actually knows the answer.

There are a number of threads you can search for on this forum about the topic - usually started by people who are getting sued or being told to stop using their chosen name. Giving the usual "I am not a lawyer" disclaimer, I'll say that whether the name can cause confusion with the company itself seems to be a big factor. Personally, I'd really stay away from something like "thejeepplace.com" as it's so general people could think it's the real deal - before going to your site and seeing your disclaimers. By the time they see your disclaimers, you've already taken potential customers away from the company's site so they might be able to claim that the name caused them financial loss. I'm not even going to hazard a nonlawerly guess at what would happen with a more specific name.

ETA: I'd be even more leery of using "jeep" in a company name than I would be using it in the website address.

[edited by: Beagle at 2:58 pm (utc) on Jan. 21, 2008]

[jtara]

And yes I planned on paying the attorneys.

Ah, then, you need more sensible attorneys - those that want business.

The only thing you will get here is the common-sense answer. And, IMO, that's "no".

Do follow the previous posters advice and follow the sad parade through here of those who went before you.

[phranque]

welcome to WebmasterWorld [webmasterworld.com], skip97!

don't waste your time on a jeepexample.com!
if you haven't paid attention, corporations are going after intellectual property right more vigorously than ever - however tenuous the claim.
especially enthusiast vehicle manufacturers...