I bought a domain name, and now some companies lawyer is sending me letters saying its TradeMark infringement?
I am going to use example domains for privacy issues.
I bought a domain name which is www.MarioSaloon.com. The other website is www.VideoSaloon.com and owns a trademark for the word “VideoSaloon”. They had their lawyer send me a lawsuit for TradeName/TradeMark infringement because the word “saloon” is in my domain. They do not own a TM/TN on “Saloon”, they own a TM/TN on “VideoSaloon”. Is this TM/TN infringement?
Basically, this is like WalMart.com suing KMart.com because KMart put the word “Mart” in their domain.
TM/TN = TradeMark/TradeName
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Tagged with: bought • companies • Domain • infringement • Lawyer • letters • Name • saying • sending • Some • Trademark
Filed under: Lawyer FAQ
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Ah, radio shack sucks, doesn’t it…
Yes, they have a history of doing this, and no they have no real legal standing for their lawsuits. But, as a matter of practicality, they are willing to outspend anybody that has the name “shack” in any part of their business name.
You may or may not know this, but AutoZone used to be named AutoShack. They were sued over the name, and I believe AutoShack may have even won a case (maybe more), but they were sued and resued by radio shack until they finally capitulated and changed their name to AutoZone.
I’m assuming your dispute is with radio shack (sorry if I blew your cover, but it’s kind of a known thing)… but even if it isn’t, unless you’ve got a legal budget or are stubborn as an ox and willing to learn how to defend yourself, I’d suggest you get a new name.
You also might want to consult with the nissan.com guy, he might have some pointers.
Based on your description, they have no case against you.
If I were to establish a business that created ceramics and called it “CeramicPlaza”, and there was another video rental business called “VideoPlaza”, there is no way they could maintain a case of trademark infringement against me.
But if I were to open a video rental business and call it “MoviePlaza”, they would have more of a case since I established a business directly competing with theirs.
But, you should consult an attorney, show him all of your information and any correspondence you have received. Then follow his advice.
I have blogged recently on these kinds of issues. http://tiny.cc/956g4 Essentially, and without trying to give you legal advice, their demand letter sounds like a bit of a stretch unless you are doing something with your site that is directing traffic from them or somehow trying to make users think they are you.