attemping to understand Trademark Law

Subject: Re: attemping to understand Trademark Law

Comments:
: I am a writer, and have a website on which I promote my books, share my writings & other of my interests. Since one of my interests is holistic healing, I have devoted a few pages of my site to this subject, and have affiliated myself with two online businesses which sell these kinds of products. I have given the webpages so devoted a special name, just as I have with the other pages on my site. All these page names are keyed into the name of my site, and are more in the nature of descriptive terms for the content of the pages, than actual business names. : I do not consider myself ‘in business,' because I have no premises, no licenses, no trademarks, and no inventory. Is what I am doing legally considered being ‘in business' in spite of these things? : I was recently contacted via email from a business in another state, telling me they possess a Registered Trademark and Registered Corporate name for the ‘phrase' (composed of two very common words) which I use as a title for the health related portion of my site. They insist that I immediately remove from my site all content in reference to the phrase in question, or they will pursue legal action. I went to their website, noted what they do, and saw no reference to their being a corporation, or the name being legally trademarked (such as <TM> ) : I do not see how I am in violation of their trademark, because I am not operating "a business" with "a name," I am merely using the phrase for the name of the portion of my site on which I offer information about, and access to, the products of the online bussinesses with which I am affiliated. : I guess it boils down to a few questions: : 1) Does what I am doing on my site fall under the legal definition of being in business? : 2) Does a small overlap in products offered constitute competition? : 3) Does my use of the two common words as a name for both a portion of my website, and for offering products via the affiliation service, create ‘confusion in the mind of the consumer? : 4) Does it ‘dilute' the impact of the phrase? : 5) Does it constitute a violation of their trademark and corporate name rights? : 6) Does the fact that we are in two different states make any difference?

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