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Thread started 06 May 2010 (Thursday) 22:53
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Trademark Legal Issues, Business name

 
Cheever
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May 06, 2010 22:53 |  #1

I have a situation. I recently created a website using a domain name (which I won't share) that i thought was original. However, tonight, I received an email stating that one of the words that is in my domain name is federally trademarked and that I need to take down my site. However, after reading up on FTC laws, I read somewhere that if the trademarked business is in a different state, then they can't legally sue you if you're operating in a different geographical location....

anyone have any experience with this? am I wrong and need to take down my site?

Also, my site is a blog that i created to showcase my hobby...photography...

Thanks!


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DSallee
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May 06, 2010 23:07 |  #2

well it really depends on the "one" word that is in your domain name... I mean, Anyone can use Photo or photography even tho there are thousands of businesses out there using it and have it registered. Now on the other hand, you cannot use WalMart or Lowes or something of that nature. now in the case of Home Depot... you cannot use the combination of those words together BUT can however use each word without the other and not get sued....

PM me if you like, Im curious to know the word that is causing the issue... LOL

Dave


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RDKirk
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May 07, 2010 09:25 as a reply to  @ DSallee's post |  #3

I have a situation. I recently created a website using a domain name (which I won't share) that i thought was original. However, tonight, I received an email stating that one of the words that is in my domain name is federally trademarked and that I need to take down my site. However, after reading up on FTC laws, I read somewhere that if the trademarked business is in a different state, then they can't legally sue you if you're operating in a different geographical location....

Well, yes, you can be sued for using a federally registered trademark in a different state.

But I'm also curious as to what "one word" is a federally registered trademark that would not be obvious by its uniqueness. Even "Disney" as a name all by itself is not a trademark.


TANSTAAFL--The Only Unbreakable Rule in Photography

  
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Markk9
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May 07, 2010 09:30 |  #4

You need to talk with an attorney who understands this stuff. Would you really trust your business to internet forums? And yes, I understand they cost money...........but so does getting sued.

Mark


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Trademark Legal Issues, Business name
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