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Re: attemping to understand Trademark Law[ Follow Ups ] [ Post Followup ] [ Trademark Forum ] [ FAQ ] Posted by M. Arthur Auslander on February 12, 2001 at 12:13:55: In Reply to: attemping to understand Trademark Law posted by Liz on February 12, 2001 at 11:36:02: : 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 : 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: Dear Liz, One of our Service Marks is Elaine's Workshop (sm). E arly L egal A dvice I s N ot E xpensive, Well not too late advice costs less that law suits and touble. You need legal advice and quickly. The law is a hologram. The way you look at it may not be untrue to you but there are other ways of looking at it. From what you say there are legimate difficulties. The situation requires action with advice that is legally authoritative. Give us a call so as to cut the Gordian knot of the details on this forum. What is more you don't want your adversaries to know what you are planning. M. Arthur Auslander
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