Can A Web Site Domain Name be Sued for Copyright Infringement?

[CCSTX10]

What is the name of your state (only U.S. law)? Texas

I have a Web site that has been online for about 2 1/2 years. Today I received a Cease and Desist email from an attorney that said the domain name represented Trademark Infringement because the name of it happens to match someone's trademarked business name -- though it is a generic domain name.

They specifically said that the Web site had been showing up in Search Engines under its domain name. Since I don't pay for Search Engine ads and don't make any money from this Web site. It's just a free place for people to sell stuff, do I really have to shut the Web site down?

Thank you.lWhat is the name of your state (only U.S. law)?

As it turns out, the company doesn't even do the same thing my Web site domain does, and only part of my domain's name is the name of their company.

 

[FlyingRon]

I have no idea what you mean by "generic domain names."

Things show up in search engines even if you don't pay.

If it infringes on their trademark it matters not that you don't charge for use of the site.

The domain name dispute policy isn't ruled by sane rule of law. Chances are they can cause your domain to go poof.

We can't tell if you are infringing (or diluting) their famous mark without knowing just what it is you are talking about.

 

[The_Saint]

I have no idea what you mean by "generic domain names."

Things show up in search engines even if you don't pay.

If it infringes on their trademark it matters not that you don't charge for use of the site.

The domain name dispute policy isn't ruled by sane rule of law. Chances are they can cause your domain to go poof.

We can't tell if you are infringing (or diluting) their famous mark without knowing just what it is you are talking about.

A generic domain name would typically be something like "fruit", "table", any every day word. It would help if the OP said what it was.

And i'm not pro, and i'm not attorney, but if its in a totally unrelated field, then doesn't that count for something? Take "ipad". That name was in use for multiple things before Apple named its tablet device, Siemens uses the iPad name for engines and motors, while a Canadian lingerie company, Coconut Grove Pads, has the right to market iPad padded bras.

 

[justalayman]

A generic domain name would typically be something like "fruit", "table", any every day word. It would help if the OP said what it was.

And i'm not pro, and i'm not attorney, but if its in a totally unrelated field, then doesn't that count for something? Take "ipad". That name was in use for multiple things before Apple named its tablet device, Siemens uses the iPad name for engines and motors, while a Canadian lingerie company, Coconut Grove Pads, has the right to market iPad padded bras.

so tell them to take a flying leap. If they actually file suit, you can defend your rights in court.

 

[The_Saint]

so tell them to take a flying leap. If they actually file suit, you can defend your rights in court.

It would probably help if the OP actually said what the name was since his idea of generic may be slightly different than someone elses and while some names are generic, they are also heavily protected (i.e. Apple).

 

[justalayman]

It would probably help if the OP actually said what the name was since his idea of generic may be slightly different than someone elses and while some names are generic, they are also heavily protected (i.e. Apple).

I know but he is resistant. I suppose I would as well. Who knows who is out there watching.