Trademark Issue Question

Discussion in 'Legal Issues' started by tdc, Feb 24, 2009.

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  1. #1
    Hi,

    I received a trademark infringement notice from a company and they want me to take the domain down which is fine and also pay their costs which I do not want to be doing otherwise they will initiate legal proceedings.

    Now after searching for the trademark owners it seems that the person claiming doesn't infact own the copyright exactly, I will give you an example they own "Jigsaw Plants" and I have the domain jigsawgardens.com the owner of "jigsaw" is not the person making the complaint although they are claiming they own "jigsaw" as well which is an entirely different industry such as food

    Any advice?
     
    tdc, Feb 24, 2009 IP
  2. Dave Zan

    Dave Zan Well-Known Member

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    #2
    Seriously, talk to a lawyer versed in these things.
     
    Dave Zan, Feb 25, 2009 IP
  3. WandaZ

    WandaZ Peon

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    #3
    It sounds like the issue described in the letter deals with an unauthorized use of a trademark, not a copyright. It's important to keep these two concepts separate, because they involve different legal principles.

    In the law, misuse of a trademark in a domain name is often referred to as cybersquatting, and there are special laws that address that situation. To succeed in a cybersquatting claim, the owner of the trademark must show that you registered a domain name that is confusingly similar to their trademark and that you did so in bad faith.

    As Dave Zan mentioned above, an attorney will be able to help you assess the merits of your situation.
     
    WandaZ, Feb 25, 2009 IP
  4. linkidol

    linkidol Banned

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    #4
    talking to a lawyer first will do. i think there's a different distinction of intent from deed. it may not be your intention to use it... especially against them
     
    linkidol, Feb 26, 2009 IP
  5. prosweb

    prosweb Peon

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    #5
    My recommendations, it might be a scam. Or the person might not have a trademark, and just claiming copyright infringement. So I would wait for the legal papers, and contact a lawyer.

    In the meantime, send a professional letter and do a reverse threat. Let them know what you've researched, and that you know your rights. Name some legal codes, etc if possible. I have been a webmaster for years, and I always scare those little wannabes away.

    When they want to sue, I send them my name and address and dare them to try. I always make sure they know they're not dealing with an amateur, and that I can afford an attorney.

    Just make sure you're not in violation and take reverse action.

    Gee
     
    prosweb, Feb 26, 2009 IP