![]() |
| ||||||||
|
|||||||
![]() |
|
|
LinkBack | Thread Tools |
|
|
#1 |
|
Jesus is Lord....
War Room Member
Join Date: Jun 2005
Location: Arizona
Posts: 217
Thanks: 4
Thanked 4 Times in 4 Posts
|
I just had this question from a local business owner. I'm not sure the answer!
His business website is http://BillClassicAuto.com (Made up name). After research, a great keyword is "dallas auto repair" (also made up) So, I purchased DallasAutoRepair.com and built a site. There is another business in town called "Dallas Auto" and owns DallasAuto.com Now, my client is worried he will get sued by Dallas Auto becuase the site DallasAutoRepair would infringe. I don't think that is an issue. Do you? How do we make sure it doesn't become and issue? Thanks, Ed |
|
Out Out Out....
|
|
|
|
|
|
|
#2 |
|
Senior Warrior Member
War Room Member
Join Date: May 2007
Location: Ohio/USA
Posts: 1,072
Thanks: 93
Thanked 31 Times in 25 Posts
|
Your best course of action is to consult a licensed attorney regarding copyright infringement.
|
|
Robin Skeen | Budget PLR | Affirmations For Life | Do You Want To Be A Success? | Free Motivation Guide
A man is not old until regrets take the place of dreams." -John Barrymore |
|
|
|
|
|
|
#3 |
|
Senior Warrior Member
War Room Member
Join Date: Jul 2008
Location: One Second into the Future
Posts: 1,804
Blog Entries: 1
Thanks: 205
Thanked 331 Times in 228 Posts
|
I'm not an attorney, and you should contact a trademark attorney.
The standard is whether a mark is confusingly similar. I would say that "Dallas Auto" and "Dallas Auto Repair" are confusingly similar. So, depending upon how close your examples are to the real thing, that could be a problem. But, it also depends on whether they are competitive. Does "Dallas Auto" offer repair services? If so, you have a problem. If they don't, setting up a site called "Dallas Auto Repair" may give the impression that it is a repair service operated or approved by "Dallas Auto." That too could be a problem. On the other hand, if the words are sufficiently generic, you might have an out there. That's why you really need to talk to a lawyer. There are a lot of issues involved, and the attorney would need to know the details of what you plan to do as well, in order to make an accurate estimation of your legal options. In the end, I'd bet you'll be better off finding an alternative name. What about something like "Auto Repair in Dallas"? |
|
New to Internet Marketing? Learn the fundamentals with The Internet Marketing Backstage Pass. Does anyone ever read the fine print? Do you do it while brushing off lint? How about when taking a sprint? Would you like another hint? Hire me for a rewriting stint. I'll make you look good in print. I'll do it for under a mint.Read my blog: dcrBlogs.com Or, follow me on Twitter: dcrTweets.com But Don't Click Here!
|
|
|
|
|
|
|
#4 |
|
Why not be a...
War Room Member
Join Date: Aug 2004
Location: Southeast Texas
Posts: 822
Blog Entries: 22
Thanks: 17
Thanked 19 Times in 13 Posts
|
Another domain name is cheaper than an attorney. Why not add a little more to the name to alleviate all the todo. How about something like...
DallasAutoRepairSolution.com Alton |
|
|
|
|
|
|
|
|
#5 | |
|
HyperActive Warrior
War Room Member
Join Date: Oct 2008
Location: Beautiful British Columbia, Host of Whistler's 2010 Winter Olympics
Posts: 102
Thanks: 8
Thanked 10 Times in 9 Posts
|
Quote:
My (free) advice would be to sign up at these free Offline Biz sites and pose the question there. Here are the sites: This is Keith Boisvert’s and Vince Runza’s site (Both highly respected Warrior Members and Offline Biz Gurus). LocalBizBuilders - Powered by vBulletin This is Andrew Cavanaugh’s site (Highly respected Warrior Member, Copywriter and Offline Biz Guru). OfflineBiz.com You can't go wrong with either of these fellows or their sites. If they don't personally answer you, someone who is experienced or knowledgeable on their site will. My (paid) advice is then to talk to a lawyer about this! Good luck and let us know what advice you've been given (as to whether it was the free or paid kind)! JMB | |
|
|
|
|
|
#6 |
|
Voyuer Warrior
Join Date: Jul 2009
Location: Georgia
Posts: 14
Thanks: 0
Thanked 1 Time in 1 Post
|
I like this suggestion. It is cheaper than a lawyer. You could try DallasTXAutoRepair.com too
|
|
Want to learn Twitter? Try my Twitter 101 Guide. Free. No Opt-in. No kidding.
|
|
|
|
|
|
|
#7 | |
|
Advanced Warrior
War Room Member
Join Date: Dec 2008
Posts: 702
Thanks: 214
Thanked 56 Times in 49 Posts
|
Hi,
Althought not a lawyer (standard disclaimer: get one, use your brain, etc), I have had a fair amount of experience in this area and consulted with a number of lawyers. Based on what you've said/info you've provided... I would not think it was a major issue... trademark/copyright infringement usually only comes into play when someone is either trying to "pretend" they are someone who they aren't (i.e., steal business under the guise of being someone else), or it is a really big company that likes to protect their intellectual property very aggressively. If he doesn't rip off the other company's site design/etc, and it is a unique design, etc, then he should be ok. But bottomline, if he really is that concerned, yes, you should look at consulting an attorney. But probably the attorney will say pretty much what I just said. Another note: You used very generic domain name examples. If the domains in question are like that, you should probably be ok. But if they are very specific, i.e., "dallastexas100huntstreetauto" and say "dallastexashuntstreetauto", then there could be a bit of an issue. Quote:
| |
|
|
|
|
|
#8 |
|
Senior Warrior Member
War Room Member
Join Date: Sep 2004
Location: Gulf Coast, USA.
Posts: 11,316
Thanks: 295
Thanked 731 Times in 448 Posts
|
Whoa - this is not smart!
If you take forum legal advice and lose your own domain - that's your mistake. If you have a client paying you to develop a site - you are not in a position to offer the client legal information UNLESS you get that info directly from an attorney. Did you check to see if that name is trademarked? You owe your client more than "I think it will be OK" - I'd go back to Plan A myself and register his business name. kay |
|
|
|
|
|
|
|
|
#9 |
|
Senior Warrior Member
War Room Member
Join Date: Jan 2003
Location: , , USA.
Posts: 9,921
Thanks: 58
Thanked 80 Times in 68 Posts
|
If dallas auto is a trademark, or a real business that existed earlier, you DO have a problem!
I am not a lawyer, but believe your action to not be smart. Steve |
|
|
|
|
|
#10 |
|
LB
War Room Member
Join Date: Oct 2003
Location: In the forest.
Posts: 2,323
Thanks: 69
Thanked 110 Times in 72 Posts
|
Any answer other than "talk to a REAL attorney" is likely to be the wrong one. And the expensive one.
|
|
|
|
|
|
|
|
|
#11 | ||
|
Domain Names...
War Room Member
Join Date: Jun 2004
Location: , , .
Posts: 1,436
Thanks: 8
Thanked 14 Times in 12 Posts
|
Quote:
Quote:
word doesn't get around infringement. I don't have a ready link, but you can do a search for Google and Microsoft cases. That's easier for unique and famous marks like the ones above. For cases like the one discussed here, there are arguably too many details to cover. But as others said, nothing beats talking to a trademark lawyer, barrister, etc. And a licensed one with real-world experience at that. | ||
|
David on Twitter...
Private Domain-Trademark Forum Coming Soon... |
|||
|
|
|
|
|
#12 | |
|
Senior Warrior Member
War Room Member
Join Date: Jan 2003
Location: , , USA.
Posts: 9,921
Thanks: 58
Thanked 80 Times in 68 Posts
|
Quote:
Mr. Mike Rowe who, I believe DID make software, had more riights than someone that later made up some artificial name. But it SOUNDED like microsoft, so he was in trouble, He settled, Steve | |
|
|
|
![]() |
|
| Tags |
| business, legal, local, owner, question |
| Thread Tools | |
|
|
![]() |