If Someone Owns a Site and You Trademark a very similar site who... - GoFuckYourself.com

Rob · 04-30-2004, 02:03 PM

Will get the cease and desist letter? You or the original owner?

For instance, a lady in Connecticut owned a family restaurant for 55 years called Nike's. She was obviously in business long before Nike the shoe company and her last name was Nike. She was forced to change the name of her restaurant because Nike had registered the name as their trademark.

This just doesn't sound right to me. Anyone know anything about trademark violations and rules? There is a company out there that has one of my site's names but it's just not plural. If I Trademarked my business name could I send them a C & D letter since it's deceptive?

High Quality · 04-30-2004, 02:03 PM

Acid is fun

Rob · 04-30-2004, 02:05 PM

Quote:

Originally posted by High Quality
Acid is fun

I know, I'm one helluva guy!

DR_PHIL · 04-30-2004, 02:13 PM

i am sure there is a exception to every rule..wheres all the gfy attorneys at?

Deepai · 04-30-2004, 02:20 PM

Just take a look at the WWF controversy.... some times the little bastards do win....

Gemini · 04-30-2004, 02:20 PM

That doesn't sound quite right... if she had it first on her business AND its a different TYPE of business, they shouldn't be able to force a name change.

Just had one a couple of years ago that Wexner - The Limited lost to a mom and pop store that was similar but not quite the same as this case. Wexner lost but only after a drawn out fight.

04-30-2004, 02:03 PM	#1
Rob I'm a great bowler. Industry Role: Join Date: Nov 2003 Location: Right Outside of Normal. Posts: 13,309	If Someone Owns a Site and You Trademark a very similar site who... Will get the cease and desist letter? You or the original owner? For instance, a lady in Connecticut owned a family restaurant for 55 years called Nike's. She was obviously in business long before Nike the shoe company and her last name was Nike. She was forced to change the name of her restaurant because Nike had registered the name as their trademark. This just doesn't sound right to me. Anyone know anything about trademark violations and rules? There is a company out there that has one of my site's names but it's just not plural. If I Trademarked my business name could I send them a C & D letter since it's deceptive? __________________

04-30-2004, 02:03 PM	#2
High Quality Confirmed User Join Date: Feb 2002 Location: Vegas Posts: 5,741	Acid is fun __________________ RecurCash.com - Averaging $38/sale with 60% revshare in the first 4 months alone! Convert your TEEN traffic today @ better than 1:500 guaranteed. ICQ me: 18287590!

04-30-2004, 02:20 PM	#5
Deepai Confirmed User Join Date: Feb 2004 Location: Seattle, WA. Posts: 1,583	Just take a look at the WWF controversy.... some times the little bastards do win.... __________________ SOULCASH BULLFIGHTER THE BAND

04-30-2004, 02:20 PM	#6
Gemini Confirmed User Join Date: Jan 2001 Location: o-HI-o Posts: 7,183	That doesn't sound quite right... if she had it first on her business AND its a different TYPE of business, they shouldn't be able to force a name change. Just had one a couple of years ago that Wexner - The Limited lost to a mom and pop store that was similar but not quite the same as this case. Wexner lost but only after a drawn out fight. __________________ <center><a target="_blank" href="http://dev.datedollars.com/index.php?s=signup&aid=535&cfg=aac"><img border="0" src="http://216.130.172.224/gfy/gsig.gif" width="490" height="100"></a><br><a href="http://dev.datedollars.com/index.php?s=signup&aid=535&cfg=aac" target="_blank"><b><font face="Arial"><font color="#FF99FF"> Buy me away from Slavedriver Smokey!<br>It's May Sig Sweeps!<font></b></center>

04-30-2004, 02:13 PM	#4
DR_PHIL Confirmed User Join Date: Oct 2002 Location: Never visits the same thread twice Posts: 4,099	i am sure there is a exception to every rule..wheres all the gfy attorneys at?