I have a hobby website, SouthernOntarioDayTrips.com, where I let users list day trip destinations in Southern Ontario, Canada. I recently received an email from the owner of daytripping.ca (publishers of a free southern ontario day tripping magazine) saying that I was infringing on their trademark for "daytripping". I have since removed any occurrence of the exact phrase "daytripping" from the site (as there only was 1). Can they still come after me or can any further threats from them be considered trademark harassment? I am not in any position to afford lawyers, so any suggestions would be appreciated.
You can search the Canadian trademark database at http://strategis.ic.gc.ca/app/cipo/trademarks/search/tmSearch.do?language=eng and see if they're full of shit to start with. However it's currently not working Simply having the word "daytripping" in your content somewhere sure as hell isn't a trademark violation. Edit: I also don't see anywhere on their site where they've marked "Daytripping" as a trademark, registered or not, so it's not as if anyone could reasonably expected to know that it is one, if that's the case. I'm not a trademark expert by any means, but isn't one of the conditions of having a trademark is that you need to identify it as such, and make some reasonable effort to protect it?
Day tripping is such a generic phrase, you can tell them to go and kiss your ass! You can not trademark the use of generic words, only in specific use , windows for example . Biull gates could not prevent a glazing company from using the phrase 'windows specialist' but he COULD prevent a computer company. This isn't under trademark law though it would be under passing off. (unless they brought out a package like 'clear as windows' for example). These people are trying to bully you, tell them to sod off That said, if they publish a newsletter called southern ontario daytri[pping, and you set a site up with the same name, then they have the right to ask you to cease and desist the use of their name
For printing publications? http://strategis.ic.gc.ca/app/cipo/...517&extension=0&startingDocumentIndexOnPage=1
When the printed publication is about day trips, yes. Now if the publications were about baking, that would be different. Of course, that is US thinking. Those Canadians have strange ideas of their own... j/k.
Ya we do -- don't we! I would for the sake of "in your face" add "daytripping" to every page... their attorney will advise them correctly. You can't distribute a printed book or publication with "daytripping" used in the title or main indices. Unfortunately, the jury is still out here on digital publications. ... nonetheless - you did what they ask so you are safe from any restitution.
In the US you would have absolutely no problem using your website. To the extent that they were able to get a trademark on "day tripping" I would just stay away from that exact phrase. But I see absolutely no reason that you would have any kind of problems with your URL. Your URL is descriptive and would not be protectable as a registered trademark, at least in the US. Good luck. -Gene