Legal Question in Business Law in Illinois

Re: Domain Name Question

Your question is in the highly specialized area of patent, trademark and copyright law. You need to ask a lawyer versed in this area about whether your name infringes, and perhaps the larger question, whether Expedia.com's patent is enforceable.

Having said that, in my experience, most patent, trademark and copyright lawyers would advise you to steer clear of any words having the potential for confusion with a well-heeled competitor in the market place. If their rights prevail, the cost of the litigation, the remedial action required, and payment of any damages may well bankrupt a smaller, start-up company. My untutored advice is to pick another name if you are going to spend time and effort developing a business with a tradename or service mark.

Our comments are based on treating your question as a hypothetical. Accordingly, our comments could be substantially and materially different were we advised of all of the relevant facts and circumstances. Our comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with us or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts.

We are not hired to be your attorney, and no attorney-client relationship exists between us, unless and until you enter into a written retainer agreement with us, tender the agreed amount for a retainer and it is accepted by us. We reserve the right to decline representation should circumstances change.

As you are aware, in Illinois there are various deadlines for filing a complaint, filing an answer to a complaint, or taking other action in order to preserve your legal rights, and avoid a complete loss of those rights. You should retain counsel immediately in order to be fully advised of your rights, and to be fully informed of the applicable time period within which those rights must be asserted. If you were to delay in doing so, it might result in your potential cause of action being forever barred.