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   Infringement Question - Magazine and Domain name
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   Author  Topic: Infringement Question - Magazine and Domain name  (Read 548 times)
David Dow
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Infringement Question - Magazine and Domain name
« on: Jul 3rd, 2007, 11:48pm »
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Hello,
 
I'll summarize the situation for now and can add details as requested.  Basically, my small marketing company is launching a free monthly publication named Living Dallas Magazine.  We've received a cease & desist from Dallas Magazine which owns the incontestable trademark "Dallas".  
 
Cannot the term "Dallas" and phrase "Dallas Magazine" be considered generic?  Our magazine is freely distributed and the other is sold for profit.  Content is different and no intent has been made to misrepresent an affiliation with Dallas Magazine.  Also, though the geographical location is the same, the actual points of distribution are different (retail outlets vs. street boxes).
 
Thank you very much.
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JSonnabend
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Re: Infringement Question - Magazine and Domain na
« Reply #1 on: Jul 4th, 2007, 2:44am »
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They may not be considered generic, but geographic marks of the type you've described are usually afforded very little protection.  There are presently several registrations for magazines and newspapers that include "Dallas".  Even more for "New York".  Consequently, Dallas Magazine's case against you may be a bit weak.
 
- Jeff
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SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
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JSonnabend@SonnabendLaw.com
David
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Re: Infringement Question - Magazine and Domain na
« Reply #2 on: Jul 4th, 2007, 9:43am »
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Thank you for the reply Jeff.  What would be an estimate of the time and money invested if I decided to fight this?  Also, will the fact that their trademark is registered and incontestable make it more difficult for me to win?
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David
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Re: Infringement Question - Magazine and Domain na
« Reply #3 on: Jul 4th, 2007, 9:47am »
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I forgot to ask... where can I find a history of this company's litigation regarding their trademark?  Surely this has come up before and I'd like to know how these situations have previously played out.
 
Thanks again.
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JSonnabend
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Re: Infringement Question - Magazine and Domain na
« Reply #4 on: Jul 5th, 2007, 7:46am »
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If you sign up for a PACER account, you can check federal litigation (where most TM actions occur, I believe) here.
 
- Jeff
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SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
718-832-8810
JSonnabend@SonnabendLaw.com
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