Trademark infringement?

[skb1]

Hello,

I created a website as a Hall of Fame for a particular topic area.

It is non-commercial.

The phrase is something like "XYZ Hall of Fame"

I was recently emailed by someone who said they'd been using the phrase in their e-zine with an unregistered trademark since 1998.

I've read that with unregistered trademarks, protection is only limited to their geographical area. We're in different areas, so does that mean we can coexist?

If not, can we coexist if I add something like "Cooperstown XYZ Hall of Fame" or "National XYZ Hall of Fame" to avoid the confusion factor?

Thanks in advance for any advice.

Steve

 

[Michael Wechsler]

If they have been using the phrase in their ezine with an unregistered trademark... what does that have to do with you? What rights are they asserting? Not only that, is it being used in commerce? It doesn't seem to be so. Unless they have rights to assert, mere usage doesn't equate to any protection. Obviously, without knowing specifics, I'm just making general statements about the law and what I know of your issue.

 

[skb1]

It's almost an headline for an article, which contains a list of top drinks.

Actually, it turns out its in a paid-for magazine. They used it twice, once in 1998 and once in 2004.

They say they own that phrase. They have the domain name too (which they don't use as of now).

Steve

 

[Michael Wechsler]

It doesn't matter if it's in a paid for magazine. So they made an article with a title "Hall of Fame Drinks" or whatever it is. They didn't file a trademark. They didn't use the name in business to sell a product or service, from what you're telling me. I used the term "Hall of Fame Lawyer" a few years ago and on more than one occasion. It doesn't mean I "own" it any more than the next person. Owning a domain doesn't qualify and non-usage even furthers my point that they don't own the rights. If you want an official legal opinion, speak to an attorney and get a professional consultation. This is just my feeling about what you're telling me - my gut says it's the usual puffing.

 

[skb1]

Thanks! My sense is that he has the arrogance and money to pursue this, and even though he may not have a case, I may have to cave in for lack of money to go to court.

Again, thank you for your input!

Steve

 

[Michael Wechsler]

Again, I don't know the details of your case so I cannot be responsible for an answer that is given to you.

My gut feeling tells me that this is yet another scare tactic. As I said, what is the right they have to prevent you from use? The registration of a domain name? The fact that they used it in an article many years ago? A use in commerce? A trademark showing designation of origin as being theirs coupled with a likelihood of confusion with your use? It doesn't add up to a case to me, just IMHO.