Legal Question in Intellectual Property in New Jersey

Is My web site name protected by my registration?

I have a legally registered web site. A person, not associated with my site, formed 3 Yahoo groups with my Web site name and an AOL E-mail address, all with references to my site, plus she has locked me out of them. I have asked her to please delete the groups and the E-mail address. She has refused for over 2 weeks and has tried to hide them from the Yahoo Directory so they will not be found. She is no longer associated with the site and does not have any permission to use the name. Is this considered theft of intellectual property or some type of infringement on my legally registered web site?


Asked on 12/02/02, 4:45 pm

4 Answers from Attorneys

Bruce Burdick Burdick Law Firm

Re: Is My web site name protected by my registration?

Send an email to [email protected] with information proving you own the domain name which is being used as the group name. Also send an email to [email protected] to advise them that the AOL address is being used in connection with a trademark infringement. Thirdly, send the infringer a cease and desist letter demanding an immediate stop to the trademark infringement.

You would get the most attention if the cease and desist letter is written by an experienced trademark litigator.

Now for the shameless plug. i have taken action against several of these domain related trademark infringer types in the past with good success. I can help you if you want experienced legal help.

Fast action is required as delays in taking action may weaken your case.

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Answered on 12/03/02, 2:46 am
Lawrence Graves Coolidge & Graves PLLC

Re: Is My web site name protected by my registration?

There should be two ways to skin this cat, depending upon how the domain name registration was done. By the sound of it, either the departing employee had been designated the "administrative contact" or she had access to the passwords and fooled the registrar into making the changes.

If you are the administrative contact, then you can regain control relatively easily by contacting the registrar. If she is the administrative contact, then you will have to provide evidence in writing to the registrar that the administrative contact should be changed -- not difficult, but often requires original documents sent under notary seal and/or a legal opinion from your lawyer.

Best wishes,

LDWG

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Answered on 12/02/02, 4:58 pm
Ken Feldman Feldman Law Group

Re: Is My web site name protected by my registration?

The intellectual property right issue possibly involved is Trademark Infringement. It depends on many factors but two key questions are 1)do you use the site name as a trademark to advertise goods or services? 2)How exactly is the other person using it? Is she/he confusing consumers to think she is associated with you or your site?

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Answered on 12/02/02, 6:11 pm
Amy Ghosh Law Offices of Amy Ghosh

Re: Is My web site name protected by my registration?

You need to send them Cease and Desist letter

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Answered on 12/02/02, 7:26 pm


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