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Name Rights

Discussion in 'Legal Issues' started by PHPGator, Dec 27, 2013.

  1. #1
    Okay, so i have a domain name, lets say thebw.com. I have owned the domain for the last 2-3 years and it is an active website. Just this week someone registered, bluewidgets.com. They sent me an email stating I am infringing on their name and I must add "the" to the beginning of my logo that currently simply says "blue widgets". The letter is clearly no official and I do have an attorney that will likely protect me on the matter. I simply want to know what others thoughts are. Am I under legal obligation considering I have owned the logo and website for this long and it appears someone is merely trying to purchase rights out from underneath me?
     
    PHPGator, Dec 27, 2013 IP
  2. David Brake

    David Brake Greenhorn

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    #2
    I would suggest going to USPTO.gov and checking to see if bluewidget is even registered, and then get more information on the person or company and/or attorney of record (if there is one) that is claiming you are infringing. It sounds questionable that their solution is to ask you to add "the", since that would still be confusing by most standards.
     
    David Brake, Dec 27, 2013 IP
  3. phptechie

    phptechie Well-Known Member

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    #3
    If blue widgets has already been registered for trademark & if you do the same business as those owners does , then you may not be able to use the word blue widgets even with addition of "the" to the title.
    But if you are into different business than the trademarked owners , then you can probably use it by explaining them the situation.
    Anyway consult an attorney & they might help you professionally.
     
    phptechie, Jan 5, 2014 IP