What is my rights to my site's name without it copyrighted

What are my rights if I find an another site with a similar name

[robotsdobetter]

I own a web site and have never had it copyrighted (I know I should have) because it's only 6 months old. Today I was searching with my website's name, let's call my site blue, anyway I was searching and found an another site with my site's name, it was called <snip>.

My question is even that I don't have my site's name copyrighted could I take any steps to force them to say they have nothing to do with us or could I sue them for having a name close to ours?

My site has been around longer then there site and I use the TM sign next to my name to show that I will protect it.

What are some of the basic rights a web site owner have?

Thanks for any help!

[edited by: rogerd at 12:59 pm (utc) on July 15, 2004]
[edit reason] No specifics, please... [/edit]

[zooloo]

Under British law this may fall under "passing off" ie. they are pretending to be you.

It would mean you would have to establish that you have used the word(s) previously and that there is an association with that and your company/product.

Words, as such, cannot be copyright.

As for legal action, ask a legal specialist and be prepared to pay hugh sums of money :)

zoo

[topr8]

>>I use the TM sign next to my name to show that I will protect it.

?

do you mean that you have trademarked your name or that you just use the TM sign, these are two different things.

i have only one experience of this where i was using someone's trademarked term, infact as a domain name, however i could establish that i'd been using the term for longer than they had owned the trademark and so either
1. they were advised that they had no case or 2. they chose not to pursue it - i'm not sure which. but whatever the case they dropped the action.

[SeventiesMartin]

Is using TM to imply a name is trademarked when it isn't legal.

TM doesn't mean you'll protect it, it means it's a registered trademark, I don't know, but you could be making more trouble for yourself than them if you tried forcing the issue.

How generic is your word, blue, and are they really trying to pass themselves off as you.

For example, Sting wanted to stop anyone using a domain with "sting" in the name, so hastings.****, a site about a UK seaside town, couldn't use the name.

Stavros wanted to stop anyone using "easy" in a domain name because he starts all his companies with the word "easy".

So is your name a generic word, like easy, or is it only specific to your company.

[robotsdobetter]

My site's name is very specific, I never even heard one use it besides talking about our site. I was told that the TM sign was saying that they will defend their name, but I don't no much about the laws when comes to this. I just got about ten of my sites copyrighted, so I am still new to this. Our site's name is not a TradeMark, now I feel like a dumb ass:)

Thanks for the help guys!

[Labyrinth]

First, trademark and copyright are two distinct protections under the law, not interchangeable phrases.

Since your concern in this situation is with a web site name, your concern is with trademark law, not copyright.

Second, in the US there is no federal law governing the use of the "TM", but there may be local laws.

Traditionally, "TM" is used when a trademark has been applied for, but has not yet been granted. The circle "R" is the symbol used when a trademark has been successfully registered.

I am not a lawyer.

My site's name is very specific, I never even heard one use it besides talking about our site.

Is it a completely original ("made-up") name?

[BigDave]

TM just means that you are claiming it, but it doesn't really give you any legal rights. If you were trying to show that you would defend it, then you should have put in your application to the USPTO (assuming that you are in the USA).

You should also be aware of how limited trademark protection is, even if you have it *registered*, especially if you are using real words in your name.

For small companies, trademarks are limited to your geographical area, and your field of trade. And there are not any treaties that I am aware of giving you control of the name, you have to register it in every country where you wish to protect it.

[reli]

If you do a USPTO.gov trademark search and don't find anyone with that trademark, you can think about registering it for a few hundred dollars. THis process will take about a year if all goes well. It helps if your use (i.e. your site) was prior to the infringer (otherwise maybe you are the infringer...).

If you don't register, and someone else does, then you could lose the right to use the name... although if there is no conflict then that may not be the case. If you sell bolts and the other site sells consulting services, and your marks are very different... the USPTO could grant you both a trademark (in different classes). Happens often.

My undertanding is that simply by using a mark in commerce you have rights. Putting "TM" with it will give you more rights. Registering will give you more, and important, rights. Going international will give you even more... see WIPO...

[wipo.int...]

as all sites are international.

[The Cricketer]

I'm not sure of the difference between UK and US use of the 'TM' and 'R' symbols, but this is a topic that has been confusing me for a while. The following quote states the situation if you use a TM symbol next to a word or trademark in the UK.

Am I breaking the law by using "TM" on my trade mark?
No, as this does not indicate that your trade mark is actually registered, only that it is being used in a trade mark sense. You would only be breaking the law (Section 95 of the Trade Marks Act 1994) if you used the registered symbol ® or the abbreviation "RTM".

So basically anyone in the UK could put TM next to their company name/product name, but doing so is irrelevent. Why? Because you don't even have to use any symbols. If there were two companies, one of whom had registered the trademark, and that company felt that the other was infringing on this trademark, then it wouldn't matter if the infringer had TM or not they would still be infringing.

And with respect to the company that owned the trademark it wouldn't matter if they had TM or ® or nothing next to their registered trademark, because the trademark would still be infringed.

When and how can I use the ® symbol?
You do not have to identify your trade mark as registered. You can use the ® symbol or the abbreviation "RTM" (for Registered Trade Mark) to show that your trade mark is registered, but this could mean that the mark is registered somewhere other than in the UK.

I'm not exactly sure why websites such as vodafone.co.uk have a TM next to their logo when it is a registered trademark. Why not use ®?

Not sure if this helps the debate, but it still adds more information to it.

[edit_g]

My question is even that I don't have my site's name copyrighted could I take any steps to force them to say they have nothing to do with us or could I sue them for having a name close to ours?

I don't want to offer legal advice (because I'm not qualified to do so) but why don't you just go register the trademark?

[JonR28]

i think some poeple use the TM over the R because it looks cooler. It's all about style and if it's registered it's all good.