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Websites and trademarks
Posted on 6/16/16 at 11:01 pm
Posted on 6/16/16 at 11:01 pm
Question: Let's say I own a website. Let's call it "dustydesk.com" (for lack of a better example). If someone decides to turn around and trademark "Dusty Desk" could they send me a "cease and desist" for use of the dot com? I am not making money off of the website and just own the domain.
3
Posted on 6/16/16 at 11:03 pm to lsuwontonwrap
If you are using the domain and not making money off of it, or the public doesn't associate your name with goods/services, thereby establishing trademark rights, yeah they can do that.
This post was edited on 6/16/16 at 11:04 pm
Posted on 6/17/16 at 12:00 am to GEAUXmedic
Makes zero sense to me. I've owned the website for 5 years and this person has had a trademark for 1 year. How do they have claim? This is all hypothetical, but I'm being threatened to give them the domain. Emphasis on "give", not sell. And this isn't for a business, btw. It's for their blog.
Posted on 6/17/16 at 12:39 am to lsuwontonwrap
I am not an attorney. I have trademarked and received cease and desist letters for trademarks.
They would not likely have the rights unless they used the name in commerce before you purchased your website.
Sounds like they are trying to scare you into it. That attorney's letter is worth less than the fancy paper it is printed on.
They would not likely have the rights unless they used the name in commerce before you purchased your website.
Sounds like they are trying to scare you into it. That attorney's letter is worth less than the fancy paper it is printed on.
Posted on 6/17/16 at 1:47 am to StripedSaint
This is what I figured. I haven't gotten a letter but I am being threatened with one, "Don't make me take this to my lawyer."
They definitely weren't using the name before I purchased the site and it isn't for commerce. I'm not worried, just wanted to get the lay of the land. Thanks.
They definitely weren't using the name before I purchased the site and it isn't for commerce. I'm not worried, just wanted to get the lay of the land. Thanks.
Posted on 6/17/16 at 8:25 am to lsuwontonwrap
So why do you want to keep it?
Posted on 6/17/16 at 9:22 am to lsuwontonwrap
You need to draft some plans for future use of the domain, maybe even throw up a free wordpress site to show you aren't just camping on a domain with no intent to ever use it.
Posted on 6/17/16 at 9:51 am to ithad2bme
quote:
You need to draft some plans for future use of the domain, maybe even throw up a free wordpress site to show you aren't just camping on a domain with no intent to ever use it.
What if you are using it for personal email and other personal reasons, but don't plan on using it for a website?
Posted on 6/17/16 at 12:29 pm to CubsFanBudMan
I would just have something to respond to the attorney letter you get with that shows you aren't just camping on a page with no intent to use it.
Posted on 6/17/16 at 2:09 pm to ithad2bme
So, if I owned gocubsgo.org, which is currently available, and used it only to have a budman@gocubsgo.org email address, and to view my home security cams at security.gocubsgo.org, the Chicago Cubs come come after me?
Posted on 6/17/16 at 2:33 pm to ithad2bme
quote:
You need to draft some plans for future use of the domain, maybe even throw up a free wordpress site to show you aren't just camping on a domain with no intent to ever use it.
Agreed. In process.
Posted on 6/17/16 at 2:34 pm to the LSUSaint
quote:
So why do you want to keep it?
The website incorporates my last name. I originally bought it with the intent to do family research and post my findings, but never got around to it.
Posted on 6/17/16 at 11:24 pm to lsuwontonwrap
Those people are hoping your naivete will cause you to be afraid and cave in to their demand.
Just because someone trademarks a word or phrase does not mean someone else can never use that word/phrase again.
Take Kentucky Fried Chicken. Do they own the word "Chicken"? Kentucky? Fried?
They are implying "dustydesk" can never be used by anyone in the world ever again because they decided to use it for one specific purpose.
"Dustydesk" can have many meanings. "Dustydesk" could mean a desk belonging to Dusty. Or it could mean an unclean desk. They are trying to stop all uses of the term except for their interpretation of "Dustydesk".
Pay a trademark attorney $50 to send them a letter telling them to cease and desist their illegal harassment.
Just because someone trademarks a word or phrase does not mean someone else can never use that word/phrase again.
Take Kentucky Fried Chicken. Do they own the word "Chicken"? Kentucky? Fried?
They are implying "dustydesk" can never be used by anyone in the world ever again because they decided to use it for one specific purpose.
"Dustydesk" can have many meanings. "Dustydesk" could mean a desk belonging to Dusty. Or it could mean an unclean desk. They are trying to stop all uses of the term except for their interpretation of "Dustydesk".
Pay a trademark attorney $50 to send them a letter telling them to cease and desist their illegal harassment.
This post was edited on 6/17/16 at 11:27 pm
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