Legal Question in Intellectual Property in California
Hello, I purchased a domain name from Go Daddy to use as a link to an MLM company where I am an independent consultant and have a website.
Within a month I received an email from the owner of a company with a similar name telling me to remove the web link due to trademark infringement. I complied even though I paid for the domain because I was worried by the threatening nature of her letter.
I also have a Facebook page called Scentastic Wickless Wax Warmers. This same person is telling me to remove my Facebook page and threatening legal action. The name of her company is Scentastics.
Do I have any recourse to keep my Facebook page? There are several other uses of 'scentastic' on Facebook. When I Google scentastic, nothing shows up linking anything to me.
Can a person copyright this made-up play on two words?
Your response is greatly appreciated.
Jennifer
2 Answers from Attorneys
One cannot copyright a single word, made up or in-the-dictionary. However, one can sometimes trademark a single made-up word. Registered trademarks are assigned to relatively narrow classes of products, so in theory a single phrase like "Violent Violet" could be registered as a trademark for a paint color, a lipstick, and a red wine, among others, by different companies. You can do your own initial trademark research on line by going to www.uspto.gov and searching the TESS database to see whether the made-up word is trademarked, and if so, by whom and, more importantly, for what categories of products or services.
As a Franchise Attorney I agree and can say the following about Scentastics. The same owner has registered mark for incense and scented oils in international class 03 as well as bath and shower gels (with many categories within), so if you're business is related to any of this - beware. Consult with a good trademark or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
