Ok I have a problem

Discussion in 'Legal Issues' started by Arudis, Jan 15, 2008.

  1. #1
    Yes well my web design company Arudis is having some name copyright issues heres the problem.
    The company name is arudis but I just found out that the name is owned by some hospital that has a medicine called Arudis but when I made the name I never knew it came to head and I made up my self I've been using it for at least 4 years now.

    There is no problems now but there will be in the future I just want to be ready.

    So should I worry about this and get a name change or not?
     
    Arudis, Jan 15, 2008 IP
  2. bluegrass special

    bluegrass special Peon

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    #2
    First, it is not a copyright issue, it is trademark. Second, whether you have problems depends on several factors.

    Is your use of the word in the same category as the trademark holder? In this case it is not (medicine v. web design). That is a plus in your favor. For example, Nissan motors tried to get the domain www.nissan.com from a computer company (Nissan Computer Corp.) and lost. Nissan computers was found not to be infringing because it was in a different category.

    Is the word a dictionary word v. a made up word. Google has an easier time of protecting it's trademark (even when in different industries) because it is not a real word. That being said, a dictionary word can never be a trademark for a company that sells that word (Apple can be a trademark for cars, but not apples).

    How famous is the mark. The more the general population associates a word with a specific company the easier it is for that company to win disputes.

    What right you have to the mark. You've been using it for four years, but if it was your last name it would be easier for you to win.

    Those are some of the issues that would be looked at. They can always sue, even if they are bound to lose. There is nothing you can do to prevent that. (I don't know that this company would, I'm just pointing that out).

    Without knowing the origin of the word, I would say you are probably fine as you are in a different industry.
     
    bluegrass special, Jan 15, 2008 IP
  3. RectangleMan

    RectangleMan Notable Member

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    #3
    You are in the clear sir. Don't worry about it. As long as you don't start using the site for a health/medical site I believe you will have no problem. If indeed a new medicine is coming out with the same name then maybe they will contact you to purchase.
     
    RectangleMan, Jan 15, 2008 IP
  4. Arudis

    Arudis Guest

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    #4
    oo ok thanks guys
     
    Arudis, Jan 15, 2008 IP
  5. saadahmed007

    saadahmed007 Admínistratör

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    #5
    If you are still worried then move it to some other domain and redirect domain to your new domain.It should not be problem though because you are not running similar site on domain (Like Pharmacy site)
     
    saadahmed007, Jan 15, 2008 IP
  6. Stallion

    Stallion Banned

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    #6
    No offense, but I wouldn't get legal advice off a forum. I recommend you talk to a lawyer.
     
    Stallion, Jan 15, 2008 IP
  7. RectangleMan

    RectangleMan Notable Member

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    #7
    Yeah we should just close the entire legal section down. :rolleyes: :rolleyes:
     
    RectangleMan, Jan 16, 2008 IP