Legal Question in Technology Law in Texas

Domain Name Concern

Hello,

I use a domain name of ''IntelHawk International'' for my military intelligence web site. ''Intel'' is a term used by the military to denote intelligence-type operations and subject matter. My site deals with military intelligence, and I use it to write me own editiorials etc on international world affairs.

Last night I received an email from Intel Corp. They have told me that they will take legal action against me due to my use of the the ''intel'' word within my domain name. They have asked me to change both my domain name and my web pages that use it within two weeks before taking legal action against me.

I am not the owner of a large company, nor am I thinking of establishing a company with this name at any time. I'm a private individual with interests in military studies who uses the name ''Intelhawk'' for my personal reasons.

Does anyone have any advice as to how I can handle this? I do not want to fall victim to an large corporation that fears that one individual is going to take away their business or focal point of attention.

Any assistance or advice would be greatly appreciated.

Regards,

--name removed--Ostroff


Asked on 1/26/02, 12:57 pm

1 Answer from Attorneys
Bruce Burdick Burdick Law Firm

Re: Domain Name Concern

I think the best strategy for you will be to select another domain and drop the "Intel". You would have a decent chance of winning a legal challenge, I would estimate your chances at about 50-50, if you could afford to fight Intel, but you can't afford such a battle. They will steamroll you.

I would suggest you try to get Intel to reimburse you for the expenses in changing your name in return for your changing without a legal battle which would cost them much more even if they win.

The real question in trademark & service mark infringement matters is whether consumers are likely to be confused into thinking you are associated with or sponsored by Intel. Your opinion is irrelevant, the only opinion that would matter would be that of a judge or arbitrator hearing your case. Trademark owners are currently winning most of those arbitrations.

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Answered on 1/28/02, 12:17 pm


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