keyword ownership

[proxyHunter]

i have a page off a domain in google using a certain keyword in the filename and in the text.

the keyword is actually someone elses domain name.

ill use 'webmasterworld.com' as my keyword example.

my site: www.abc.com/webmasterworld-forums.htm

and the text includes they same keywords 'webmasterworld forums'.

the owner of this keyword emailed me saying i had to remove all use of that particular keyword.

Just say the keyword was 'microsoft' , they own the company name 'microsoft' but do they own the keyword?

and can they stop everyone else using that keyword in their filename, domain or text?

[Marcia]

There's a difference between a copyright and a trademark, and it does take researching the ownership and what the law says, or better yet - engaging the services of appropriate qualified legal counsel. But if a company owns either one it's probably not worth fighting over if they ask that it be removed.

[Webwork]

Interesting question. Perhaps a fair use issue. Do a little research on "fair use" of trademarks. If you are selling Microsoft books you have to use the word Microsoft somewhere, but you are also paying Microsoft each time you sell their product.

Generally using another's trademark becomes an issue when you use the trademark to gain an advantage in selling a product or otherwise profiting without sharing the profits with the trademark holder, for example, selling Coke antifacts. Coke doesn't mind people collecting their marketing artifacts but they have a problem when people resell them on the web.

[cfx211]

There is something known as creating confusion in the marketplace. If your use of the term creates confusion in the marketplace, in this case people thinking that you represent the keyword, you are going to lose and have to remove it.

Do a search on "confusion in the marketplace". It is probably the counter balance to fair use and a more likey reason to get you to stop using the keyword.

I am in the process of doing this now to someone using our registered mark in an ad.