Legal Question in Technology Law in South Carolina

Re: Using a trademarked name as part of a domain name

I think so. The hallmark of trademark law is that trademarks identify a product along with the producer of that product uniquely, so that the investment into goodwill that advertising and quality make is not lost through diversion of the goodwill to a product with a similar name. I don't think you run afoul of trademark law by naming your site ClaritinSideEffects or the like; there's no confusion of your 'product' (!!) with the actual Claritin, no watering-down of the value of their name, etc.

However, prepare yourself to be accused of defamation on your site (libel is the written version of defamation) for anything you might say that's negative, the site-name included.

I could give you a lecture on the law of defamation and the defenses thereto, but the meter's off and it'd take a little while. For now, let me say that you should not say or even imply anything which you can't prove is true -- truth is your best defense, a so-called absolute defense. You should also be sure not to appear to be vindictive or malicious. (But don't let that stop you from your whole activity!) I think

testimonials are generally acceptable; to make sure you're butt is covered, get them notarized writing sworn to under pains and penalties of perjury (Mass. law) or whatever the writer's state law requires for an affidavit.

Please write to me and tell me which drug is causing all these problems and about what the side effects may be! Your message to me will be kept confidential (attorney /client privilege should apply) -- and I'll delete it after I read it anyway. I'm [email protected] or [email protected], okay?

Please do not rely upon my say-so on these matters.