Hello fellow DP'ers. I need some legal advice. We have a software company in a very small niche. We have only one major competitor (company). This company has recently setup free blogs at wordpress.com and blogspot.com with our domain name as the name of their "blogs". Scenario: Our official company name (for this example): examplesoftware, Inc Our website: examplesoftware.com Our competitor's new blogs: examplesoftware.blogspot.com examplesoftware.wordpress.com It seems to me that he is trying to direct people looking for our product to his website. Is this a copyright/trademark violation. Should I file a DMCA complaint? On google's DMCA help for blogger they scare you off with a threat that they could counter-sue if it is not a true violation. So even though no "content" is stolen he is still using our name and domain trade-phrase to his advantage. What should I do?
A DMCA is not for issues dealing with trademark infringement - and unless they are using actual content from your site, you should not file one. You really need to consult an IP attorney. It's impossible to give an opinion based on a hypothetical situation that omits the actual trade name, and the actual content on the websites. You might want to google "jews for jesus" and "trademark infringement" for information on infringement with third level domain names.
Thanks for the advice mjewel. If you would not mind could I send you the actual domain and company info via PM. I dont want these to get posted. I also understand your time is valuable so if you cant no big deal. Thanks again.
If he's using your company name within the same business category, then your legal rep should be sending a cease & desist...