Domain name trademark infringement?
Without using the exact name, for all practical purposes, the following fake example is the same.
I have reserved the domain name businessweekvideos.com I do not have a business with that name. I want to use it to create educational videos for small business owners. I do not have any prior experience doing this – i.e. it has not been my line of work.
The company that owns business week magazine send me an email that I must not use this domain, claiming it is in violation of their trademark rights. Here is a key phrase from that email: Your use of our trademark in your domain name therefore constitutes trademark dilution in violation of the Federal Lanham Act, 15, U.S.C. §1125(c).
Do I have any rights here? I asked another question here in YA asking whether or not generic terms can be trademarked. That is the big question here. This company has a design trademark, but not one on the words themselves.
Any TM attorneys or someone with same experience?
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Tagged with: Domain • infringement • Name • Trademark
Filed under: Attorney FAQ
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A firm has the right to protect its name and reputation. In your example one might reasonably assume that “businessweekvideos.com” is associated with Business Week magazine.
I assume that they have more money that you have to pay for lawyers.