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Business Name - Trademark?

Discussion in 'Legal Issues' started by kevydesigns, Aug 8, 2012.

  1. #1
    Hi all,

    I've decided to start a small business selling Jewelry and I've come up with a business name called "Chantique Jewelry" however, while searching on google, I found this site: http://jewelry.zibb.com/trademark/chantique/29790266

    Which says the name "Chantique" is trademarked.

    Would I be okay if I still use this name?
     
    Last edited: Aug 8, 2012
    kevydesigns, Aug 8, 2012 IP
  2. browntwn

    browntwn Prominent Member

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    #2
    No, you would not be "okay" to use the name. They have the trademark on it and are using it in the exact field you seek to use it for.

    Pick a new name.
     
    browntwn, Aug 9, 2012 IP
  3. lonking

    lonking Peon

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    #3
    Of course, it just like you want to name your drink cocola or pepsi. You have to find a name that hasn't been registered. You don't want to get in trouble, i bet.
     
    lonking, Aug 9, 2012 IP
  4. kevydesigns

    kevydesigns Well-Known Member

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    #4
    Thanks everyone for your replies.

    So I guess I am just unlucky, after I have purchased the domains etc... under this name.
    I guess I will try think of a new name then and see if I can get a refund.
     
    kevydesigns, Aug 10, 2012 IP
  5. benjii

    benjii Peon

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    #5
    They should give you a refund if not then send them a notice that if they do not refund you then you will contact the trademark owner for selling you a trademark name :)
     
    benjii, Aug 11, 2012 IP
  6. Dave Zan

    Dave Zan Well-Known Member

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    #6
    http://www.law.cornell.edu/uscode/text/15/1125

     
    Dave Zan, Aug 11, 2012 IP
  7. benjii

    benjii Peon

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    #7
    reckless disregard,
     
    benjii, Aug 12, 2012 IP
  8. browntwn

    browntwn Prominent Member

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    #8
    You are nuts.

    The domain seller has zero potential liability for selling that domain name.
     
    browntwn, Aug 12, 2012 IP
  9. benjii

    benjii Peon

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    #9
    Im nuts? Send the notice and find out then :) The OP has a case that the seller of this domain which has a trademark attached to its name has financially benefited.
     
    benjii, Aug 12, 2012 IP
  10. browntwn

    browntwn Prominent Member

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    #10
    Yes, you are nuts if you think the seller of a domain has any obligation to make sure the buyer intends to use it in a non-ingfringing manner. First of all, even a trademarked term could be legally used by other people. It would depend on the exact usage and that is something no domain seller is responsible for. So even though "Apple" is a trademarked term, I could easily buy and use the domain Apple.com if it were available. Likewise, if someone wanted to use the "Chantique" name for something unrelated to jewelry there would be no problem. So the domain seller has almost no way to know that a buyer's intended use could cause a problem, even if they wanted to. Second, every registrar that I have seen specifically mentions this issue in their terms of service and thus under the contract you have with them they have no obligation. Basically, your theory is a loser. But please, cite us ANY authority to support your position. I am curious as to your reasoning.

    Why would you think it is the legal obligation of a domain seller to not only inquire what the intended use of a domain will be, but also to do research and see if there are any existing prior uses that may cause a conflict. Simply, there is no obligation, legal or otherwise, for a domain seller to undertake that oblation.

    You suggestion that they send a threatening letter is silly and pointless.
     
    browntwn, Aug 12, 2012 IP
  11. Dave Zan

    Dave Zan Well-Known Member

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    #11
    Define that please, although the law I quoted above gave you one answer. Besides...if the OP registered the domain name through an actual registrar, they're no stranger to these things.

    Doing what you suggested might work with a reseller, but not with a reputable registrar for the reasons browntwn explained...and a whole lot more. If I bought a gun through your store, will you refund me if it turns out I can't have one without a license?
     
    Dave Zan, Aug 12, 2012 IP
  12. browntwn

    browntwn Prominent Member

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    #12

    That section does not support your claim at all anyway. It deals with the potential liability to the actual trademark owner, not to the buyer of the trademarked name.
     
    browntwn, Aug 13, 2012 IP