Legal Question in Intellectual Property in New York
Internet Trademark issue Resulting from Dissatisfied Customer
Hello,
I visited a hotel in New York that was dispicable. Their rates were expensive and services horrible. They have a web site, let's say ''newyorkhotel.com''. I purchased ''newyorkhotel.biz'' and wish to use it for my own personal benefit, but not commercially. I plan to write an article, a review if you will, of my experience and post a web site to the domain I purchased. I plan to password protect and not open it to the public. I see no problem whatsoever with this.
Here's where the tricky part comes in: I plan to send the URL (site address) to the hotel I stayed at and let them know that my intentions are to make it live to the public, and begin submitting to search engines in order to let other people know before they get burned as well. All I am asking them for is to reimburse me for my hotel stay and then I will relinguish rights to the whole thing straight to them. Otherwise, there will be a small web site where I and others can review this particular hotel. I will have no means to commercially benefit, other than the refund of my stays should they opt for the site not go live.
I know everyone in here wants to reply with contact for legal counsel, but could you help me out, i've already been burned.
Joe
2 Answers from Attorneys
Re: Internet Trademark issue Resulting from Dissatisfied Customer
You are asking a fair question, and you already infer that the specifics of your issue can only be dealt with by a lawyer who is provided the facts of your situation confidentially and who advises you on the basis of those facts.
In that context, you would inquire whether the tactic you propose amounts to extortion under the law of New York or any other State that would have jurisdiction over you.
Re: Internet Trademark issue Resulting from Dissatisfied Customer
As an answer to your question, I simply advise caution in your proposed "venture." You are essentially "leveraging" the hotel at which you stayed to reimburse you by threatening to use an identical domain name to vent your frustration. In addition to defamation, tortuous interference and a variety of other things that the hotel will argue your conduct is, your plan can be viewed as classic �cybersquatting� and is, as you recognized, a trademark issue. More likely than not, the hotel will attempt to strip you of the domain either through litigation or the far more affordable Uniform Dispute Resolution policy. You can read more about that policy at: http://www.wrlawfirm.com/Articles/wrm.article.UniformDisputeResolutionPolicy.html
Best,
Kaiser Wahab
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