9 {{ upvoteCount | shortNum }}
9 {{ upvoteCount | shortNum }}

Help...Legal Domain Question

by mboire31
8 replies
hi everyone...i wasn't sure where to post this question but thought i would try it here

i was just sent a letter from an attorney demanding me to "discontinue any advertising, particularly advertising on the internet."

my domain name is pretty generic but contains PART of their business name as my domain...my domain name is "coloradocarpet" ...pretty generic term...i bought the domain name about 2 years ago targeting both colorado and carpet as keywords...

any advice would be greatly appreciated...
#domain #helplegal #question
  • Profile picture of the author aaron_nimocks
    Well, is that a trademarked term? If so then that is the reason.
    Signature

    My free PSD logs can be downloaded at PSD Bum. Enjoy!

    {{ DiscussionBoard.errors[1492025].message }}
  • Profile picture of the author SherryLee
    If your domain is generic, you may be in the right. You have to consult a lawyer to feel perfectly at ease, but just because an attorney sent you a letter, doesn't mean you're wrong. Don't fold that easy.
    {{ DiscussionBoard.errors[1492239].message }}
    • Profile picture of the author letsgetitstarted
      Contact them and ask for the exact legal reason they want you to take your site down if they haven't already explained to you. They're probably just trying to scare you into taking it down.

      You also need to consider if your website is valuable enough to bear the inevitable costs of a lawsuit.
      {{ DiscussionBoard.errors[1492527].message }}
  • Profile picture of the author JonTuckerUSA
    You say that the domain containts PART of their business name. Is the "part" that you're referring to simply "ColoradoCarpet...", such as AcmeColoradoCarpetCleaning or something?

    I'm not a lawyer obviously, but I would assume that you won't be held liable if the words in question are that generic. That's assuming you have the time, focus, and finances to prove that with your lawyer ; )



    Originally Posted by mboire31 View Post

    my domain name is pretty generic but contains PART of their business name as my domain...my domain name is "coloradocarpet" ...pretty generic term...i bought the domain name about 2 years ago targeting both colorado and carpet as keywords...
    Signature
    {{ DiscussionBoard.errors[1494727].message }}
    • Profile picture of the author Alexa Smith
      Banned
      [DELETED]
      {{ DiscussionBoard.errors[1495016].message }}
      • Profile picture of the author Kay King
        As a general rule, if you are using someone's business name in a domain, the answer is clearly "drop it".

        In this case - it's interesting. I can find no trademark for "colorado carpet" or any variation of that name.

        I doubt any company has been allowed to trademark a State's name - and feel the same about the general word "carpet".

        This is one case where I would contact the person who sent you the letter (after checking their credential to make sure they are an attorney as they say) - and asking exactly what trademark you are violating. If the domain is what you listed, something smells about this one.

        Also, I find domains on the first page of google for "coloradocarpetcleaning" and for carpetcolorado"....

        I'd do that before paying an attorney.

        kay
        Signature
        Saving one dog will not change the world - but the world changes forever for that one dog
        ***
        Live life like someone left the gate open
        {{ DiscussionBoard.errors[1495064].message }}
        • Profile picture of the author mboire31
          ok...i spoke with my attorney...we're at the very beginning stages of this (obviously)...he advised me NOT to do anything...don't contact the attorney in any way...he is pretty confident if this went to court that there is nothing there...very generic names...state name (colorado) and carpet...the other company (ies) are also trying to make me change my corporation name...he says that is kind of far fetched too...he also said this is common with business names...and especially businesses that are newer and have good internet presence...i'll post an update if this goes further!
          Signature
          Colorado Springs Carpet | Colorado Springs Flooring |Colorado Mountain Biking
          {{ DiscussionBoard.errors[1508993].message }}

Trending Topics