This forum is no longer operational. Here are the New Forums.

Re: Common Law Trademark?

[ The Intellectual Property Law Server ]
[ Follow Ups ] [ Post Followup ] [ Trademark Forum ] [ FAQ ]

Posted by M. Arthur Auslander on March 12, 2001 at 05:25:53:

In Reply to: Common Law Trademark? posted by Tony T. on March 11, 2001 at 23:30:31:

: My brother own and operate a website Bestof*****.com. (***** is the name of our city) There is a weekly paper in our city that has a yearly poll that uses the words Best of ***** Readers Poll. They have sent us a letter saying that we are confusing their audience with our website and they want us to "Meet with them to avoid litigation". Our website does not have any type of poll whatsoever. We are merely a portal linking to other sites about ***** (Weather, News, etc.) There is however another large and well known website that contains a "Best of ***** Readers Poll" (but has no reference to ***** in their name) That is not affiliated with the news paper. Are we in violation of Common Law Trademark? Can they make us shut down or rename our site?

Dear Tony T,

The worst of the law is that you can be sued even if they are wrong. It costs to fight. An careful evalation of the facts, law and tactics is necessary.

On the surface from what you say, you may have legitimate problems.

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 (sm)
E arly L egal A dvice I s N ot E xpensive

Follow Ups:

Post a Followup

Name:
E-Mail:

Subject: Re: Re: Common Law Trademark?

Comments:
: : My brother own and operate a website Bestof*****.com. (***** is the name of our city) There is a weekly paper in our city that has a yearly poll that uses the words Best of ***** Readers Poll. They have sent us a letter saying that we are confusing their audience with our website and they want us to "Meet with them to avoid litigation". Our website does not have any type of poll whatsoever. We are merely a portal linking to other sites about ***** (Weather, News, etc.) There is however another large and well known website that contains a "Best of ***** Readers Poll" (but has no reference to ***** in their name) That is not affiliated with the news paper. Are we in violation of Common Law Trademark? Can they make us shut down or rename our site? : Dear Tony T, : The worst of the law is that you can be sued even if they are wrong. It costs to fight. An careful evalation of the facts, law and tactics is necessary. : On the surface from what you say, you may have legitimate problems. : 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 (sm) : E arly L egal A dvice I s N ot E xpensive

Optional Link URL:
Link Title:
Optional Image URL:

Do not disclose any details of any trademark or any facts relating to your circumstances. See a lawyer.
Before you post a message you must agree to the Terms of Use.

This is the Old Trademark Forum. It is no longer operational.
Click Here to go to the New Forums.

Pages: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70

www.intelproplaw.com

The Intellectual Property Law Server

Old Trademark Forum

Re: Common Law Trademark?

This is the Old Trademark Forum. It is no longer operational. Click Here to go to the New Forums.

This is the Old Trademark Forum. It is no longer operational.
Click Here to go to the New Forums.