Legal Question in Business Law in California

Re: Company Identity Rules

These guys are correct, but this brings up the issue that you probably need to have an attorney update your Terms of Service and who knows what else you might benefit from finding out after a brief review of your site. Let me know if you would like to pay a reasonable fee to have us review and advise you regarding your site and domain policies and practices; this is what we focus on.

Re: Company Identity Rules

It depends on what your board is doing. Of course, anyone can sue anyone else for almost anything, what your really asking is whether Walmart can win a suit against you. Most likely not, first of all as the host of the board you would be unlikely to be liable to someone else's trademark infringement. Meaning that if you put up a public forum and someone posts a message, it is unlikely that you would be held liable for that message. Also the type of action you are describing is most likely covered under our 1st amendment free speech rights. However, this is general and if you are concerned you should see an attorney to look over your specific situation.

Re: Company Identity Rules

I agree with the previous answer, and would add that companies sue to protect their trademarks when they are actually incurring damages such as lost sales or serious defamation, or when they have a significant fear of such harm. Companies rarely bother to bring suit over trivial use of their company name; when there's no harm caused or threatened, it simply isn't worth it.

If Walmart were upset, it would probably start with a cease-and-desist letter as a warning, rather than launching immediately into legal action.

Finally, if you are merely providing a communication service, and did not make or encourage the infringing posting, it'd be hard to pin any liability on you.