Court Order to stop using name

[metrama]

Jurisdiction

Massachusetts

Hello all,

I have a company that I've owned since 2013 and my cousin used to work for me. He then decided to stab me in the back and open a replica with his brother in 2016. To compete, I've registered their company name "My Safety Belts" on all social media sites before they did and he sued me for that. I received a court order to immediately stop using the name (attached) and so I did and gave it all up.

A year later, I registered a website "SafetyBeltsRepair.com" as the keyword is very relevant to my company and he is now threatening to sue again as it violated the court order. My question is - "Safety Belta" is such a general phrase or term and is directly related to the industry I was in first. How is this even possible and is there any way to continue using it? Or am I required by law to close it?

 

[army judge]

You need to hire an attorney.
A website is in no position to dispense legal advice of this magnitude.

 

[mightymoose]

According to the order that you posted it appears the term "seat belts" is fair game, but your use of the term "safety belts" is possibly considered to be confusingly similar.
Seatbeltrepair.com might be an acceptable name for you to use.

 

[zddoodah]

For starters, you should be aware that there is a web site where you can type in a domain name and look up who registered the domain, along with the registrant's address, phone number, and e-mail address) (unless the registrant used a privacy service for the registration, which you didn't).

How is this even possible

How is what possible? All you've said is that the competitor threatened to sue you. That's obviously possible because he is capable of speaking or writing (you didn't mention whether the threat was made verbally or in writing).

is there any way to continue using it?

You're free to continue using it until and unless a court enjoins you from using it.

am I required by law to close it?

We have no way of knowing without reading the court's prior order. I suggest you confer with a local attorney who is knowledgeable in trademark matters.