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Topic: Vacation Villa (Read 966 times) |
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Here is my situation. I have a website that promotes a vacation villa for rent. There are several vaction villas with the same name, but in different locations. My wibsite is www."villaname".com. The owner of another villa says I have to give him my website and domain name because he has had his villa name and rental business longer than I have. Does he actually have a suit against me? I'm quite sure my web pages are copywrited, but I'm concerned about my domain name. Do I need to trademark it? Any advice is appreciated.
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M. Arthur Auslander
Full Member
I love YaBB 1G - SP1!
Posts: 541
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Re: Vacation Villa
« Reply #1 on: Apr 18th, 2004, 6:46am » |
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You even have to consider the consititutional right to free speech, trade mark law, common law, unfair competition, trademark, trade name, domain names, and then it can get confusing.
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M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law
3008 Johnson Ave., New York, NY 10463
7185430266, aus@auslander.com
Reality Check® ELAINE's Workshop®
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m
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The principle with domain names is that good faith independent use is allowable (even if he has been around longer, it is not important if you are in different geographical territories). If you can demonstrate this to be the case, you are safe.
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M. Arthur Auslander
Full Member
I love YaBB 1G - SP1!
Posts: 541
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Re: Vacation Villa
« Reply #3 on: May 3rd, 2004, 6:53am » |
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Dear m,
I think you are in the clear.
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M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law
3008 Johnson Ave., New York, NY 10463
7185430266, aus@auslander.com
Reality Check® ELAINE's Workshop®
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