Legal Question in Technology Law in Florida

Domain Name Copyright Dispute

I registered a domain name in October 2005, and have been operating the site since that time. I just got an e-mail from the owner of a website saying they have a copyright on the name, and we should cease and desist, else face legal action.

I do not want to publicly disclose the domain name, but as an example, my domain name is BUYMART.com; the party's domain name is BUYCLUB.com; and claims they have a copyright on ''BUY''. ''BUY'' in this example is an acronym for the name of the business.

I've checked the Library of Congress copyright database, and uspto.gov but found no evidence of copyright or trademark of ''BUY''. The individual has offered to purchase the url for the price we paid for as a settlement.

What is the strength of my postion? My site is up and running (I'm not cybersquatting), and did not hear about this organization until we started marketing BUYMART.com


Asked on 1/02/06, 9:24 pm

2 Answers from Attorneys
David Anderson Anderson Business Law LLC

Re: Domain Name Copyright Dispute

I need the names in order to do a quick check with the US Patent Trademark office. Also, date of first use by you in the marketplace.

Did you have IP counsel before you started business? Did you register the name (domain or otherwise with any state or federal site?)

Call or e=mail for further assistance. You may wish to avoid an infringement lawsuit.

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Answered on 1/02/06, 9:38 pm
Tiffany Lanier Tiffany J. Lanier, P.A.

Re: Domain Name Copyright Dispute

I suggest looking up the information on the domain name registry as to where the domain name in question is being operated. Just going from the example name you provided does not necessarily suggest infringement. Since it seems you have already done a preliminary federal check, check the trademark registrations for the state the business is operated out of. You can also register your name in Florida if it is not presently registered for around $80.

Once you do some more investigating the new informatin should be helpful in deciding how to advise to procedd further.

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Answered on 1/03/06, 8:19 am


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