Legal Question in Intellectual Property in California
I have the website domain www.BarnesandNobleCoupons.com My initial thought was that I was going to create a simple up to date website that catered and focused on all the latest Barnes and Noble coupons and discount codes. Basically, using this website and domain as an affiliate for Barnes and Noble. I am willing to have other book store affiliates on the website if necessary. My main question is- Can I use the domain name, and are there legality issues?
4 Answers from Attorneys
They will throw one of their books at you for trademark infringement.
Can you use the domain name? Heck no. This is a blatant example of cyberpiracy, and probably cybersquatting too. Also trademark infringement.
As a Franchise Attorney I agree with the other attorneys. You would be playing with fire to proceed. Consult with a good business 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
This is not as black-and-white as you may think (and as some of the other respondents have indicated), which makes it a question that can not be answered in a forum such as this. There are plenty of websites that offer coupons for specific retailers, and it does not fall squarely into trademark infringement because you are not misrepresenting the origin of goods/services. You need to consult with a competent business attorney who understands trademark, and who can advise you about your particular situation, before you proceed.