trademark infringement?

Discussion in 'Legal Issues' started by buck, Nov 22, 2009.

  1. #1
    if you purchased a domain, but a different extension, say .info instead of the .com...

    make a blog and reference similar stuff, such as being a sports company, but say stuff like "we represent terrible working procedures, lame work ethics, price skimming with our team of losers"

    Publish this blog, and within 4 days (of buying it) take it down, can the original company, if the name was actually trademarked, sue for Trademark infringement, and incur damages for each day the site is listed in Google (still sitting there under "Cached"). Without notifying the user and giving them ample time to take it down and remove it?

    There was no mention of the actual company name (outside of the similar domain name)
     
    buck, Nov 22, 2009 IP
  2. akivathedog

    akivathedog Peon

    Messages:
    56
    Likes Received:
    1
    Best Answers:
    0
    Trophy Points:
    0
    #2
    Similar? Did you use the exact company name, but just change the TLD from .com to .net / .org, etc.?

    j
     
    akivathedog, Nov 22, 2009 IP
  3. mjewel

    mjewel Prominent Member

    Messages:
    6,693
    Likes Received:
    514
    Best Answers:
    0
    Trophy Points:
    360
    #3
    Changing the TLD does not get around trademark infringement.

    The answer to your question is, yes, they can sue for trademark infringement even though the site was only up for a short period of time. There is absolutely no obligation to notify you before filing suit or give you a chance to take down the site. How likely their chances of winning depend on the specifics.
     
    mjewel, Nov 22, 2009 IP
  4. buck

    buck Peon

    Messages:
    251
    Likes Received:
    1
    Best Answers:
    0
    Trophy Points:
    0
    #4
    yeah TLD change
     
    buck, Nov 22, 2009 IP
  5. buck

    buck Peon

    Messages:
    251
    Likes Received:
    1
    Best Answers:
    0
    Trophy Points:
    0
    #5
    i didn't mention changing to TLD to get around it, was just saying that was the difference..the site is protected via htaccess right now, but google cache still obviously shows the old information, can trademark still be violated if the only means of seeing the information is via Google Cache?
     
    buck, Nov 22, 2009 IP
  6. akivathedog

    akivathedog Peon

    Messages:
    56
    Likes Received:
    1
    Best Answers:
    0
    Trophy Points:
    0
    #6
    The violation has already occurred. If they choose to take this to court, copies of the site will very likely be dug up during discovery regardless of if the site currently shows in google's cache or not. They will have many technical options of finding a copy of the site if the case goes to court, and there is nothing you can do about it.

    J
     
    Last edited: Nov 22, 2009
    akivathedog, Nov 22, 2009 IP
  7. mjewel

    mjewel Prominent Member

    Messages:
    6,693
    Likes Received:
    514
    Best Answers:
    0
    Trophy Points:
    360
    #7
    Did you monetize the site (run ads, etc)? Was the site an obvious parody? It's common to threaten a lawsuit with a strongly worded notice, but I would say that in the vast majority of cases if you immediately removed the content, they will not proceed with a lawsuit. Of course there are exceptions.
     
    mjewel, Nov 22, 2009 IP
  8. buck

    buck Peon

    Messages:
    251
    Likes Received:
    1
    Best Answers:
    0
    Trophy Points:
    0
    #8
    No, to be honest the site was just a little poke..it had a FAQ on there with like 3 Q/A. No monetization at all. The content is removed but it still shows up right behind the legit company in google search, but only viewable as a cached page.
     
    buck, Nov 23, 2009 IP