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Trademark infringement Trademark

Discussion in 'Copyright, Trademark, Patent Law' started by eugv86, May 17, 2019 at 1:53 PM.

  1. eugv86

    eugv86 Law Topic Starter New Member

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    Jurisdiction:
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    Got a email today from a company saying that I am infringing on their trademark by having registered a domain with their name in it... is there some validity in this? For example lets say my domain is bubbaninja.com and the company has trademarked "bubba".

    Their claim:
    "Your registration and use of the Infringing Domain Name is likely to deceive visitors into believing, falsely, that you or your website are affiliated or connected with bubba or have bubba’s endorsement or approval, when none of those things is true."
     
  2. Zigner

    Zigner Active Member

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    Their may be. Depending on how big "Bubba" is, you might want to consider using a different name for your web site. In other words...have you got the money to fight this in court if it comes to that?
     
    justblue likes this.
  3. eugv86

    eugv86 Law Topic Starter New Member

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    hmmm well I dont make any money from the site its just a open source project. And I wouldn't want to spend money on fighting it.. I guess that answer's my question.
     
  4. Zigner

    Zigner Active Member

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    If it's a "no sweat off my back" situation, then you're probably best just choosing another domain.
     
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  5. zddoodah

    zddoodah Well-Known Member

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    Without knowing all of the relevant details, including why you registered a domain name with the complaining entity's name in it, it's impossible for us to assess the validity of that entity's claim. While your example is somewhat helpful, it doesn't really help assess the validity of the claim. By way of illustration, let's say your last name is "Ford" and you like to whittle, so you register www.fordwhittles.com. If Ford Motor Co. were to object, you'd probably be in the clear, but it could be costly to protect your rights.

    Ok, but none of that is a question. Ultimately, if you don't want to spend money or effort fighting, and if the name doesn't matter much, the path of least resistance would seem obvious.
     
    eugv86 likes this.

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