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[slca]

Hi,
I have a question regarding trademark infringement regarding setting up an informational website.  I started a website to inform property owners about the happenngs in the development, something the Home owners Association (HOA) refused to do.  The development is composed of two divisions, one is called Bass Lake Estates, and the other Bass Lakes, both managed by Bass Lakes Civic Association (BLCA).  BLCA was incorporated in 1976 to manage the lands known as Bass Lakes plotted and registered in the courts in 1974.  Because I purchased the domain names basslakes.com and basslakes.net they are suing me for trademark infringement (I'm, assuming common law because it is not registered).  Besides providing banner advertising for a donation, of which I received a total of $100 far from what it has cost me, I do not sell any products either does the HOA.  Also in addition to Bass lakes the geographical location, there is a Bass lake the actual lake right next to the development. Before I forget, the HOA never operated a website untill two years after I started basslakes.net.  Do they have a claim of trademark infringement?

[JSonnabend]

If those are the actual names of the development, please go back and change them before anyone answers substantively. 

- Jeff

[slca]

Hi Jeff,

The names are not the actual names but are similar. 

Thanks for responding

[JSonnabend]

OK, that's good to hear.

Long story short is this: to the extent you are using the trademarks to refer to the actual services (homeowner services, etc.), then your use is permitted.  Under this principal, websites incorporating product trademarks, where the websites concern those products, are generally permissible.

Be careful not to imply or suggest affiliation with or endorsement by the trademark owner, and remember that even if you are in the right, the trademark owner might still come after you.

- Jeff

[slca]

Thanks Jeff,
The actual complaint is claiming Cybersquatting, Trademark Infringement, Trademark Dilution, and Unfair Competition.  The development only has one full-time employee, everything else, snow plowing, road maintenance, etc is farmed out. 

What recourse do we as defendants have since the board has stated their big issue with the website is the discussion board (where people regularly comment on the corruption and incompetence of the board and management)?   I believe it's a veiled attempt to stop freedom of speech.  My wife was kicked off the communications committee because she "refused to be censored" (thier words!).   

What recourse do we have?

Thanks

[JSonnabend]

Answer the complaint and win?  There may be other, more creative responses, and certainly there may be some non-IP counterclaims, but I would have to think that through a bit.

Have you retained an attorney?

- Jeff

[artchain]

What recourse do we as defendants have since the board has stated their big issue with the website is the discussion board (where people regularly comment on the corruption and incompetence of the board and management)?   I believe it's a veiled attempt to stop freedom of speech.  My wife was kicked off the communications committee because she "refused to be censored" (thier words!).   

Check to see if your state has enacted anti-SLAPP legislation, which in some circumstances may be applicable.   

[slca]

We're actually on our second lawyer, who said he's never seen anything like this. 

To Artchain:
We did look in to an Anti-Slap defense because we believe these lawsuits started because I complained to DEP about Sewer Discharges from manholes in our community, and to the AG regarding our association charging stand-by fees to undeveloped lot owners during a moratorium. The only thing I received from these complaints was a copy of the AG response letter with a hand written note from the community manager stating "This is the husband of the Board member I want named in a suit".  Approximatly one month later I was named in two.  I've been told it's too late in the game to use the Anti-Slapp defense.