Legal Question in Business Law in California

Can anyone legally claim ownership to a month?

Is this threatening email valid? Do they really own the national month of ''x''?

''thank you for responding to our request. please be advised that we have contacted the Santa Maria police and filed a complaint with the federal Internet Crimes Task Force at their suggestion. xxxxxx Corp. is the originator and owner of National xx Month in August and any use of that property requires our permission. The registration requirements are clearly visible at our site and, frankly, very minimal in order to allow widespread utilization. We have also been open to all manner of partnerships with businesses and organizations as long as they accept and adhere to the national theme.

On Google, you have listed several of your web pages with the tag line ''National xx Month'' diverting potential viewers from our site.

The following press release is still alive on PRZoom. Contrary to your message, these pages and press release are still alive. Nothing less than complete eradication of any references to National xx Month will be sufficient. We will also need your physical address in order to bring civil legal action against you and your companies. if these pages are not elminated, we will ask GoDaddy and PRZoom to take your sites down.”


Asked on 9/06/07, 8:03 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Can anyone legally claim ownership to a month?

It is against the state bar rules for an attorney to threaten you with criminal prosecution (in other words, either they don't have an attorney, or their attorney is acting less than ethically).

Whether the phrase, "National X Month," can be legally protected depends on many factors. Without knowing more, my best guess is you should get a lawyer to write them a letter (on the lawyer's letterhead) telling them to go pound sand. The lawyer you hire, and this should not cost very much, should also write to providers such as GoDaddy and PRZoom and insist that your site and press release remain up.

You did not say whether you use GoDaddy for web hosting, domain registration, or both. Some consumers have complained that GoDaddy, for example, has in the past been very quick to revoke a website's hosting service -- and even a customer's domain name registration -- based only on someone else's say-so.

My philosophy is that sometimes the best defense is a good offense, so maybe you will want to sue -them-.

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Answered on 9/06/07, 8:50 pm
Terry A. Nelson Nelson & Lawless

Re: Can anyone legally claim ownership to a month?

If you are infringing on their logo, copyright, trademark, etc., then of course they can take action against you. That is what those laws are for. Sounds like you'd better get some actual legal advice and consultation before you get sued. Feel free to contact me to do so.

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Answered on 9/06/07, 9:00 pm


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