Got a letter from their attorney, UK yellow pages brand infringement

[ichsie]

I have a database compiled from various other sources...

Just now I get a letter from <a yellow-pages type site> legal counsel that I have to take them down as Yellow Pages is their registered brand in UK.

So I'm thinking maybe if I thoroughly change the name of the product, would that be ok? For instance, such as UK business directory database? I'm hosted in US, but their trademark is in UK. What would they do next if I do nothing around and just keep the product online? I thought simple facts such as business contact information cannot be copyrighted and they were apparently targeting me on another reasoning basis.

[edited by: rogerd at 9:06 pm (utc) on Sep. 8, 2008]
[edit reason] no URLs or specifics, please [/edit]

[Marshall]

I know in the U.S. "Yellow Pages", "Let Your Fingers Do The Walking", and the walking fingers were never copyrighted. as for the UK, can't speak to that, but if the name is copyrighted there, you probably cannot use it. A variation may be legal, but I am not familiar with UK's copyright laws and infringement.

Marshall

[ichsie]

Thanks for the info, Marshall. Yeah it seems strange to me too as yellow pages is rather common phrase referring to business directories how can it be registered. Even they are the legal owner of the trademark of yellow pages, it's just in the UK. My site is hosted in the US.

[StoutFiles]

A simple rename wouldn't fix that problem. Besides, if they can prove that you used illegal means to acquire that information(shouldn't be hard to do since you're a scraper site) you'll have to remove it anyway. Your site is playing with fire..good luck with it though.

[purplecape]

Even they are the legal owner of the trademark of yellow pages, it's just in the UK.

I don't see how the fact that you are based in the US helps you here, since your directory is of UK businesses and could thus be seen as directed to that market. Trademark law can and does protect what seem to be generic phrases, unlike copyright law.

You seem to be asking specifically about trademark, but people have also raised an issue about possible copyright violations. They ARE separate issues.

I AM NOT A LAWYER but the trademark issue, IMO, can be resolved by removing all trademarked language or icons, including in your directory or file names.

However, given the potential complexities of transatlantic law, my strongest advice to you is to consult an attorney before taking any action other than complying completely with their demand