Google copyright infringement complaint url

[NewComputer]

I have a local baseball team with a name that has been infringed upon by another local sports team. I would like to have their domains removed from the SE's (G, MSN, Y!)

Does anyone know the procedure for this request and where to send the requests. All the big three would be most helpful.

[digitalpoint]

I'm assuming you mean trademark, not copyright... But either way, the search engines aren't going to do anything for you. Really your only option would be attempt to get their domains (if they use your trademark in the domain name itself):

http://www.icann.org/udrp/

[NewComputer]

Shawn, quick question for you, and this may be out of your area (literally being in Canada) but a name like "Chilliwack Storm" that is an organized baseball team, would that be considered a trademark if we had never registered it anywhere?

Does naming a sports team that way give sole rights to the name 'Chilliwack Storm'?

[digitalpoint]

I don't know about Canadian trademark law, but in the US, if you don't file for a legal trademark with the US Patent and Trademark office, then anyone can use the same name as long as they are not doing business within the same county. For example, there could be a "Digital Point Solutions" in Florida or Texas or something. Except I *do* own the legal trademark name, so no one can use it within the country.

I think it's even more open for non-businesses to use the same name though. For example, I'm sure the Atlanta Braves own the trademark "Braves" when used in conjunction with baseball, but there are hundreds of little league teams that are the "Braves". So if the Braves can't enforce their *legal* registered trademark, I don't think you are going to have much luck being outside the US and not owning the registered trademark.

[NewComputer]

You would think that within the same city though, some one using the name the Atlanta Braves would be SOL. I mean, the Braves could probably enforce it within the city of Atlanta, but that would be negative press. For our team, any press is good press. We just dont like that there are two guys representing the school who are making this personal. We would like to work this out in a manner that is beneficial to all parties, but this school (the two guys) are being hard headed about it.

I hate that it has even come to this, but they brought it there. There are a lot of illumni who are very unhappy as well.

[exam]

Don't want to be a thread hijacker, (forgive me NC) just a quick question for Shawn.
Off the top of your head, how hard is it and how much does it cost to get a tm?

[digitalpoint]

You can do it yourself if you want and it would be like $75 in the filing fees... but it's a lot of aggravation. I paid a lawyer to do it for me, which was like $400 per trademark.

[NewComputer]

Don't want to be a thread hijacker, (forgive me NC) just a quick question for Shawn.
Off the top of your head, how hard is it and how much does it cost to get a tm?

$30 here in BC, done and done....

[exam]

Thanks for the info Shawn and NC :)

[ResaleBroker]

NC,

When it comes to a "Trademark", no registration means no rights. Not even in the same town.

Some States allow you to register "Trade Names" but even those are hard to enforce in certain States.

[DarrenC]

There are specific words you can trademark but it would be VERY difficult to enforce this, for e.g I could get a trademark on 'Holiday Rentals' but there are companies called this and 'Holiday Rentals' is a sector of the travel industry so you can't stop people optimising or using the phrase.

[ResaleBroker]

The "Trademark" rights are to a specific use.

For instance, I have a trademark for a book publishing imprint called, "LIBERTY PRESS®." You've probably heard of it. :D

If another "Book Publisher" uses that mark as an "imprint" I have a legitimate infringement that would be fairly easy to defend.

However, if a company used the same mark not for an imprint but for book publishing "equipment" then I'm out of luck.

[ResaleBroker]

When it comes to a "Trademark", no registration means no rights. Not even in the same town.

Some States allow you to register "Trade Names" but even those are hard to enforce in certain States.I did a little checking and there are "Common Law Trademark (http://www.bitlaw.com/trademark/common.html)" rights.

[joeychgo]

THe other thing to consider - is after you get the trademark, its costly to chase someone for infringing on it

[mopacfan]

I just checked the patent office fees, it's $335 (soon to be increased) to file for a trademark. I was going to do it when Shawn mentioned the price being $75, but the price is a bit steep for me right now.

http://www.uspto.gov/go/fees/fee2004dec08.htm

http://www.uspto.gov/teas/index.html

[joeychgo]

now call a lawyer and ask how much to prosecute a claim if you should find someone using your trademark. You better have 10k just to get started.

Point being - just having a trademark does little - because you have to be able to enforce it.

[mopacfan]

That's a good point indeed