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I don't want to get another cease and desist letter about my domain name...

by bigcat1967
9 replies
I was once threatened by a Lawsuit concerning a domain name that I owned - and I don't want to make the same mistake. So therefore, I want to make sure I have my bases covered.

A couple years ago, I had an old website with only a couple articles on it. It was about a certain medication. I bought a domain name beforehand - and it had the name of the medication within it. About a year later, a company from San Fran who had just trademarked the word - sent a cease and desist letter to me...saying that if I didn't release the domain name, they would sue me. So I took everything off the website and I believe I let it expire since the domain name was within a few weeks to expire anyway.

Currently, I am thinking about creating a blog about personal finance. I don't really have a domain name as of yet, but when I come up with one...is there a way I can check to make sure that none of my words w/in the domain name is violating any type of trademark? I believe there is a government page where one can go and see if particular words are trademarked? Also, is there anything else I need to know before I choose my domain name?

Thanks so much...

Mark
#cease #desist #domain #letter
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  • Profile picture of the author Kay King
    Here you go:

    https://www.uspto.gov/trademarks-app...emark-database

    The link you want is "TESS" (second title from top of the page).

    If the owner of a trademark does NOT issue 'cease and desist' when there is trademark infringement...he can lose the protection he filed and paid for.

    Typically, in any thread about trademark registrations someone will post "don't worry about it" or "they can't make you". Too often, people take that advice because it's what they want to hear.

    Much smarter to check for trademark in advance and avoid problems rather than waste time dealing with them later.

    kay
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    • Profile picture of the author bigcat1967
      Thanks so much Kay!

      This is exactly what I was looking for.
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  • Profile picture of the author Steve B
    Be aware that trademarks and tradenames are somewhat related but separate issues.

    Besides checking to see if you are violating anyone's trade name with your new domain . . . why not take the initiative and apply for your own protection of your new business blog's tradename?

    As you have already learned, being the first to register a domain name is not protection enough if someone comes along later and files a tradename registration because you failed to do it for your domain name previously.

    Good luck,

    Steve
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    • Profile picture of the author JohnMcCabe
      Originally Posted by Steve B View Post

      Be aware that trademarks and tradenames are somewhat related but separate issues.

      Besides checking to see if you are violating anyone's trade name with your new domain . . . why not take the initiative and apply for your own protection of your new business blog's tradename?

      As you have already learned, being the first to register a domain name is not protection enough if someone comes along later and files a tradename registration because you failed to do it for your domain name previously.

      Good luck,

      Steve
      Been there, done that, had to quit 'wearing the tee shirt.'

      I ran a newsletter under a certain name, and an acquaintance saw it, liked it, and trademarked it.

      I had to try rebranding the newsletter.
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  • Profile picture of the author nexushassan
    if you have already learn, being the first to register a domain name is not protection enough.if someone comes along after and files a tradename registration because you fail to do it for your domain hosting name previously.
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    • Profile picture of the author nicheblogger75
      Originally Posted by nexushassan View Post

      if you have already learn, being the first to register a domain name is not protection enough.if someone comes along after and files a tradename registration because you fail to do it for your domain hosting name previously.
      CONGRATULATIONS! You learned how to copy & paste!

      You basically just copied the last paragraph from Steve's post (#4).

      I've been seeing this a lot on the forum lately. This must be the new forum spam technique that is being taught now.

      Either that or it's the same fool opening multiple accounts and doing it.

      Seriously, though. How hard is it to think for yourself and come up with an original post?

      Normally I'd just report the post and let it go but it's starting to get really annoying now.

      It pisses me off every time I waste my time reading something that someone just copied and pasted from an earlier post.

      Get a life and do something constructive instead of hanging out in the forum and ripping off posts from people who actually care.
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      • Profile picture of the author JohnMcCabe
        Originally Posted by nicheblogger75 View Post


        Seriously, though. How hard is it to think for yourself and come up with an original post?
        For some of these numbnuts, it's harder than a one-legged man doing double-dutch on a tightrope in a hurricane.
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        • Profile picture of the author nicheblogger75
          Originally Posted by JohnMcCabe View Post

          For some of these numbnuts, it's harder than a one-legged man doing double-dutch on a tightrope in a hurricane.
          So true. That's a very creative analogy as well. I like that.

          Like I said though, normally I would just report the post and move on, but lately I've been getting angry when I get my time wasted.

          I know that I shouldn't be mad when I read a copied post because it only wastes a few seconds of my time, but my time is valuable and I don't appreciate getting halfway through a post only to realize that some moron copied it word for word from a previous post.

          I just don't get why anyone would want to do this.

          It only makes them look like a jackass.
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  • Profile picture of the author extrememan
    Sorry to heard you had trouble... This really sucked. It's best to use none company trademarks in domains, or any type of product names. To be save use keywords, and related words.
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