Legal Question in Business Law in New Jersey
Copyright Infringement
i'm creating a site offering free web layouts for myspace users. i bought a domain name - and the word myspace itself is in it - would that be a potential problem for me were the site to be successful?? Thank you! :-)
1 Answer from Attorneys
Re: Copyright Infringement
It could be a problem. Any time you borrow another's prestige in business, you run the risk of having to defend a claim of trademark infringement, unfair competition, palming off, or something similar. That doesn't mean that MySpace will win at law. However they may have more money that you and win by exhaustion. Some companies are more protective than others of their IP and corporate identity. Disney is at the top of that list and they are very good at it. I don't have any experience (yet) with MySpace but the issues don't differ much from plaintiff to plaintiff. If they give you trouble, give me a call.
I suppose that it is somewhat undiplomatic, but I'll point out anyway that the appropriate time to ask your would have been /before/ you spent the money to set up the domain name.
If I can be of further help to you, call or email.
See also: http://info.corbettlaw.net/lawguru.htm
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