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Re: Is this infringement, dilution, bad faith? Would I be held liable?[ Follow Ups ] [ Post Followup ] [ Trademark Forum ] [ FAQ ] Posted by M. Arthur Auslander on May 24, 2001 at 12:20:44: In Reply to: Is this infringement, dilution, bad faith? Would I be held liable? posted by Keith on May 24, 2001 at 10:59:27: : Several months ago, we contracted with an architectural firm to build an addition on our house. Over the months, the firm has been dragging it's feet on the project, while enjoying our substantial downpayments. In retrospect, I would have designed the contract differently, however, at this stage, I'm looking for a way to prompt them into action, without losing our money. : One idea I had was to acquire the .org & .net domains of the same name as the company. The company in question already owns the .com domain. I did a trademark search and they have properly registered their name XXXX, Inc. as a protected trademark. : My intent is to use the 2 sites as a chronicle of our experience with this company. I'm concerned, though, that I may be put in a position of liability by infringing on their trademark or other liabilities. I plan to use descriptive common terms to gain relevance in search engines. I also plan to use the company's name in reference to our contract and ongoing business dealings while describing our experience. My hope is that they view this as a potential means to gain favorable reviews of our business dealings and their level of service will consequently improve. : Would you be able to provide me with any guidance or advice? Dear Keith, Without taking any professional responsibility for what is set forth here, It is my belief that you can freely use or refer to a trademark as long a you do not make a trademark "use" of the mark. If you are objectively factual in what you post, you are probably safe against action. One never knows what they can dream up. I might be better to try and get you money back or check to see if they are violating any law by not acting. M. Arthur Auslander
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