Legal Question in Technology Law in California
trademarks
I am 80 years old retired. I have a hobby of doing digital computer art. To share my art with
family, friends and other interested persons, I have created a blog using free programs called word press and gallery 2, and have reserved the Internet URL d i g g thisart-com I have owned this Internet URL for a full year and recently renewed for year 2. But now, suddenly I receive notice from an attorney representing digg-com that I cannot use the word digg as a part of my URL, nor can I use the name digg thisart as the name of my website because digg inc. has as of 2004, trademarked the word digg as their own.I am in no way competitive to digg inc. and am not even trying to sell anything. It is really just a hobby for me.Can they make me stop using the digg thisart-com name after I have paid for it for over a year now ??? And, can they really trademark a term like digg or dig that has been used in a colloquial way in the English language since as far back as I can remember ? Does this mean we have now deleted this word from the English language except when digg inc. wants to use it. I do not want to conflict with digg-com, I like digg-com, but can they legally do this to me ? periods replaced by - and spaces added to remove html tags
3 Answers from Attorneys
Re: trademarks
I disagree with Mr. Firemark. It seems to me that your use of the mark may be fair, and if Digg has initiated proceedings against you, then it may not be as expensive as suggested, particularly if the action is a WIPO arbitration. Please feel free to contact me for more information.
Re: trademarks
The right way to deal with trademark bullies is to have a lawyer write them a letter telling them to go pound sand, and if Digg continues you will countersue to have the Digg trademark invalidated. But most people just find it cheaper to knuckle under.
Re: trademarks
DIGG.com is a very well-known and famous website, and they do hold registered trademarks... so yes, they CAN prevent you from using any variation of DIGG in your website and URL.
The issue is that your use of the term DIGG in your site will confuse the public, and support the implication that you're somehow affiliated with DIGG.com.
You could fight this, but it would cost you tens- or even hundreds- of thousands of dollars, and you'd likely lose.
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