Legal Question in Intellectual Property in North Carolina
Copywrite Infringement?
I own the website ''scientologyisgay.com'' and was just sent what essentially amounts to a cease-and-desist e-mail from the Church of Scientology. Apparently the term ''scientology'' is copywrited and is therefore no permissable for me to use in my domain name. I have a few questions: A) do I have any grounds to request a sale of the domain name rather than simply turning it over? B) do I even have to turn it over in the first place? and C) would the domain name scien.to/logy violate their copywrite as well? Thanks in advance.
3 Answers from Attorneys
Re: Copywrite Infringement?
The term "scientology" is a federally registered trademark, which does allow the owner of the mark to prevent others from using it in most situations. Without seeing the cease and desist letter, and without understanding the nature of your website, I cannot comment specifically on their basis of their claim, but most likely the Church is entitled to preventing you from using the name.
Re: Copywrite Infringement?
It depends on what you are using your website for.
Re: Copywrite Infringement?
OK, first you have a trademark problem, nothing to do with copyright.
Protest sites have been held valid exercise of First Amendment right and do not constitute trademark infringement -- check out http://www.walmartsux.com/ for an example. You need to show your letter to a lawyer in your area who specializes in this kind of thing.
Of course, being "right" may cost you a lot of money in legal fees....
Best wishes,
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LDWG
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