Trademark issues explored: A real life example

Discussion in 'Legal Issues' started by browntwn, Dec 21, 2006.

  1. #1
    Okay, so it seems many webmasters are worried about what happens when you get a C & D type letter.

    If it helps others, I am sharing my own experience with a threatening letter from a big company.

    This is not advice, just a factual example of my own experience.

    1. I only owned the domain. I had no website, and no investment other than reg fees.

    2. I thought, and still do, that there are many legal uses for the domain I owned. I think I could have used this domain without any legal infringment. Since I had not spent any time or money on the site, and have more projects than I can do, this was an easy decision for me, to just drop the domain.

    3. I still own the domain. After my reply, the issue was over. I will do as I stated in my reply. Nothing more, nothing less.


    This post is not meant as legal advice. What worked for me, may not work for you. This was a unique set of facts. If you want to keep your domain or otherwise protect your interets, you should seek legal counsel.
     

    Attached Files:

    browntwn, Dec 21, 2006 IP
  2. Dave Zan

    Dave Zan Well-Known Member

    Messages:
    2,320
    Likes Received:
    121
    Best Answers:
    2
    Trophy Points:
    115
    #2
    You made the right decision.

    When you register a domain name:

    1. With an intent to make some degree of any commercial use;

    2. That bears a famous trademark, especially if it's a made-up term;

    3. And it's held by a company with very deep pockets;

    Then do expect trouble.

    Post your C&D at chillingeffects.org while you're at it.
     
    Dave Zan, Dec 21, 2006 IP
  3. browntwn

    browntwn Illustrious Member

    Messages:
    8,347
    Likes Received:
    848
    Best Answers:
    7
    Trophy Points:
    435
    #3
    Yeah, it was easy decision for me.

    But, I has intended use which had NOTHING to do with the medication. I would not have had any relation to the drug - nor would there have been any attempt by me to sell any similar or competing medicines.

    It was a play on words and would have had to do with my niche, female celebrity pictures. Nevertheless, it is not worth a fight for my $8 investment.

    browntwn

     
    browntwn, Dec 21, 2006 IP
  4. craigedmonds

    craigedmonds Notable Member

    Messages:
    705
    Likes Received:
    134
    Best Answers:
    0
    Trophy Points:
    235
    #4
    "This post is not meant as legal advice. What worked for me, may not work for you. This was a unique set of facts. If you want to keep your domain or otherwise protect your interets, you should seek legal counsel."

    ??

    I think what you did would work for anyone. Pfizers lawyers sent you a C+D and you complied with their request almost immediately. They got exactly what they wanted. I dont think they really care if you agree with them or not.
     
    craigedmonds, Dec 23, 2006 IP
  5. browntwn

    browntwn Illustrious Member

    Messages:
    8,347
    Likes Received:
    848
    Best Answers:
    7
    Trophy Points:
    435
    #5

    1. It might work for everyone, it might not.

    2. I complied with some of their request, others I did not agree to in any manner. Since I never had a site up there was nothing to cease doing. I agreed to 2 things. Not to put a site up, and not to renew the domain.

    What you seem to miss is that I did so on my terms, I did not agree to their language at all. I wrote what I was willing to do.

    browntwn
     
    browntwn, Dec 23, 2006 IP