Legal Question in Intellectual Property in New York

Website naming rights

My friends and i have a website we have operated for a year that is a arts/social organization. We are not incorporated yet. We received a cease and desist notice recently of a doctor who's business claims our site conflicts with his company. He informs us that our site must be taken down within 30 days. - Our site gets 100k+ hits a month. name change is not an option for us. 1- can they make us do this? 2- If we are not in their industry, have no desire, and do not proport to be a dr. practice can we still be made to take down the site? Can we counter sue for damages? Does state of incorporation have any bearing on this? IE if their company is in NY but we incorporate in Del.? If we are an interstate company as opposed to a single state being NY? . Is there any way for us to do something punitive to their organization for having the gall to come after us? What are the guidelines concerning websites and how our website has been up for a year and they are trying to come after us? Thanks


Asked on 4/01/04, 12:49 pm

1 Answer from Attorneys
John Friedman Law Office of John K. Friedman

Re: Website naming rights

It is essentially impossible to answer your questions without the actual details: this is a rapidly evolving area of the law and is very fact-specific. As to the state of incorporation having any influence: prob. not at all. There are a number of questions of intrastate and interstate trademark, cybersquatting, etc. that have to be evaluated to determine your relative rights and options. Feel free to get in touch to discuss this if you like. Otherwise, good luck.

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Answered on 4/01/04, 1:14 pm


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