Forum Moderators: open

Message Too Old, No Replies

Two work phrase, generic, or trademark?

amazing widgets - my phrase is trademarked.

         

RoadRash

7:01 am on May 5, 2003 (gmt 0)

10+ Year Member



"Amazing widgets" happens to be the name of a rather popular store. It also happens to be a very descriptive phrase for 70% of the market. I would like to target "Buy amazing widgets at mysite.com". I could obviously go with "Buy widgets at mysite.com", but then i would be missing out on 20,000+ searches a month based on the overture keyword tool.

Help! Should i do it? I see about half a dozen other sites doing it, and they all are in the top 10 for the phrase; ie, add amazing to the title, get a top 10 result.

I am not sure if i would be infringing on somebody's trademark, or helping out customers find my store. By all means, my store does sell amazing widgets, we just didn't name the place amazing widgets like the other guys. ;)

WebGuerrilla

10:49 pm on May 6, 2003 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member




Sorry RoadRash,

Not sure how I missed this one. The answer to your question is that it depends on many different factors. Most of those issues are things you should discuss with an IP attorney.

However, speaking strictly from a marketing point of view, I would probably do it. If/when I received a nasty C&D letter, I would sit down with my attorney and evaluate their claim, and then make a decision which way to proceed.

But that's just me.

jeremy goodrich

10:53 pm on May 6, 2003 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



It can happen. I would go ahead - wouldn't want to miss out on the traffic, same as WebGuerrilla.

And then, if the proverbial 'spit hit the fan' then I'd sit down with my lawyer & evaluate the case....well, I don't have a lawyer :) but, if I got in trouble, that would be what I'd do.

In some cases, the trademark may only apply if it's written "Trademark Widgets" with Upper Casing on the first letters. Or could apply to generic 'widgets' etc.

Else...would we be able to talk about windows anymore, without MS getting upset? :)

Though to really understand all the implications of it, you can always hire a lawyer to consult with first. That's probably the expensive version of it, and perhaps not necessary.

RoadRash

10:54 pm on May 6, 2003 (gmt 0)

10+ Year Member



Thank you for the reply, I think i'll do it. :)