Re: Re: Re: Domain /Trademark Q

Subject: Re: Re: Re: Re: Domain /Trademark Q

Comments:
: : : : Have planned to launch an online magazine website at "faithpeople.com" (fictitious), a domain I registered two years ago. Had hoped to establish common law rights to "Faith People" as the mark for both electronic and print-based versions of our publication. Did not apply to use the mark. Last fall, someone registered "faithpeoplegifts.com", where he has since sold t-shirts and other apparel under the mark "Faith People", which he says is the name of his company. No TM registration or notice, but as I understand it, even though he's relatively unknown and not selling much, he has established common law rights to "Faith People" for purposes of selling apparel. : : : : I called to informed him of our plans, asking if he'd be willing to agree to let us use the mark for another classification, if we agree to not sell apparel. He said no problem, and responded favorably to the idea of linking our sites. He then asked if content would be compatible with his bible-based religious views, and said he wouldn't want to link to us if our content veered from that, but could still agree to allow us to use the mark. : : : : We've since e-mailed, saying we can't predict if our articles and stories would always meet his approval, and that we'd decided to look for another domain to avoid problems, even though we believe we have the right to use the mark in a classification other than the one he's using. We offered to sell him the domain, and have not heard back. : : : : Three Questions: : : : : 1) If we applied for intent to use the mark in classification IC 042 and /or IC 016, would our application likely be denied? : : : : 2) Should we go ahead and have him sign an agreement and use the mark for our purposes? : : : : 3) Do we have the right to sell the domain to someone else? : : : Dear Jeff, : : : Our Service Mark Elaine's Workshop® was adopted to try and help clients before the have difficulties. This is not the type of thing that the world can be privy too. : : : M. Arthur Auslander : : : Auslander & Thomas-Intellectual Property Law Since 1909 : : : 505 Eighth Avenue, New York, NY 10018 : : : 212-594-6900, fax 212-244-0028, aus@auslander.com : : : ELAINE's Workshop® : : : E arly L egal A dvice I s N ot E xpensive™ : : : Reality Check® : Dear Mr. Lehr, : What I meant is that giving private legal advice on a public forum is not a good idea. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop® : E arly L egal A dvice I s N ot E xpensive™ : Reality Check®

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