Domain brand question

[Max Pen]

So I want to start a wordpress blog using a certain name that I found out has already been used by someone else to create a .com blog with using the same name/brand.

The blog is not up to date and has little to no content but my question is to you:

Can I start a wordpress blog using the same name and offer info about wordpress, etc...


Without getting sued? It ain't a registered trademark I think. Wouldn't know how to check it was. It has no TM in its name.


Also can you help me out if its okay to use names used already? Cause so much is used and I want to start blogs for certain niches....

Isn't it alright as long I don't pretend to be the other blog and make people clear what blog I am and what I do it is fine?

 

[quincy]

So I want to start a wordpress blog using a certain name that I found out has already been used by someone else to create a .com blog with using the same name/brand.

The blog is not up to date and has little to no content but my question is to you:

Can I start a wordpress blog using the same name and offer info about wordpress, etc...


Without getting sued? It ain't a registered trademark I think. Wouldn't know how to check it was. It has no TM in its name.


Also can you help me out if its okay to use names used already? Cause so much is used and I want to start blogs for certain niches....

Isn't it alright as long I don't pretend to be the other blog and make people clear what blog I am and what I do it is fine?

Max, there are a lot of similarities between copyright and trademark laws in some countries around the world, however, there are just enough significant differences in the laws that advising you on your legal risks in Belgium would be a mistake. We handle U.S. law questions only on this site.

You may wish to seek out an attorney in Flanders to assist you.

Good luck with your blog.

 

[Max Pen]

Max, there are a lot of similarities between copyright and trademark laws in some countries around the world, however, there are just enough significant differences in the laws that advising you on your legal risks in Belgium would be a mistake. We handle U.S. law questions only on this site.

You may wish to seek out an attorney in Flanders to assist you.

Good luck with your blog.

If the site is hosted on US server doesn't it fall under US law?

How can I let the US law work for me? Not the belgian one for sites I own?

 

[quincy]

If the site is hosted on US server doesn't it fall under US law?

How can I let the US law work for me? Not the belgian one for sites I own?

If your site is hosted on a U.S. server, the site will fall under U.S. laws, yes, but YOU will fall under the laws of Belgium. What this means is that, if you are sued over your blog content, you will be sued in Belgium under Belgium laws and not under U.S. laws.

For Belgium laws on trademarks and copyrights, you can visit the following World Intellectual Property Organization website: http://www.wipo.int/directory/en/contact.jsp?country_id15&type=ADMIN_IPO

For U.S. laws on trademarks, you can visit the United States Patent and Trademark Office (USPTO) website: http://www.uspto.gov

For U.S. laws on copyrights, you can visit the United States Copyright Office website: http://www.copyright.gov

As to your original questions, in the U.S. there is NO way to prevent someone from suing you over your blog content, whether a suit has merit or not. The best you can do is limit your risk of a lawsuit. There are several ways to do this. It is generally best to go over your exact plans for a blog with an attorney in your area, however, so you can best determine what areas are apt to cause you the most trouble.

Using a name for your blog that is already in use and that is rights-protected is best avoided. You do not want to give the impression through your blog name that your blog is endorsed by or sponsored by or supported in any way by a well-known person or a company, if it is not. This will attract the attention of the holder of the rights in the name (and the rights-holder's attorneys). Attention from attorneys is generally not a good thing unless you are the one who hired them.

It is always best to come up with a name that is unique to you alone - this even if you have to create a word that does not yet exist (as Kodak and Pepsi did). You can also combine two words that normally would not be combined to create a new word. But if your blog is unique, your name should generally be, too. You don't want your blog getting lost among all others by picking a name that is already in use by another or others.

Again, I suggest you seek out legal assistance in your area of the world. It will be the laws in Belgium that you need to be most concerned about.

Good luck.

 

[FlyingRon]

Some US law would apply some wouldn't.

Copyright isn't really the issue (which is a shame because that is what is more internationalized by treaty). Names are not protected by copyright.

Trademarks is really the issue you have here. There's not enough information in your post to give you a read on things at all. Is this other blog doing some sort of business? Is yours? Trademarks arise from use in commerce, that is, you conducting some sort of business with that mark. Even then, unless you're using the domain name as your brand, trademark right do not ensue.

You'll have to explain what is going on. Match.COM is a trademark. FlyingRon.com is not.

A related issue is not so much trademarks but complaints that might be filed against you under the UDRP procedure. However, it would appear that you are not a bad faith squatter here (though the UDRP procedure isn't exactly a sane legal program).

 

[quincy]

Some US law would apply some wouldn't.

Copyright isn't really the issue (which is a shame because that is what is more internationalized by treaty). Names are not protected by copyright.

Trademarks is really the issue you have here. There's not enough information in your post to give you a read on things at all. Is this other blog doing some sort of business? Is yours? Trademarks arise from use in commerce, that is, you conducting some sort of business with that mark. Even then, unless you're using the domain name as your brand, trademark right do not ensue.

You'll have to explain what is going on. Match.COM is a trademark. FlyingRon.com is not.

A related issue is not so much trademarks but complaints that might be filed against you under the UDRP procedure. However, it would appear that you are not a bad faith squatter here (though the UDRP procedure isn't exactly a sane legal program).

Copyright would apply to the blog content, though.

 

[Max Pen]

Thank you all for your replies.

One final question:

If your site is hosted on a U.S. server, the site will fall under U.S. laws, yes,

So that means I've to take into account all US laws that have an effect on website usage and also have to take into accord EU laws for the site but all laws of the US for a person would not apply to me? Only Belgium laws for suement and payment right?


Also to clarify it wouldn't be a business. I want to start a blog about wordpress.org. Just a information blog of sorts. I'll put some ads here and there to pay of site costs but that is it I think.

The other guy owns this site wpmax.com which is inactive at the moment.

So what happens in the following situation?

Imagine I build up a decent blog with some great articles about wordpress and this other guy wpmax.com registers that brand as a trademark to get back at me. Would that force me to close down my blog or sell it to him? Even when I was just building this blog and making it clear I've nothing to do with wpmax.com. So before he registered that trademark or did anything with his blog can he shut me down?

 

[quincy]

Thank you all for your replies.

One final question:



So that means I've to take into account all US laws that have an effect on website usage and also have to take into accord EU laws for the site but all laws of the US for a person would not apply to me? Only Belgium laws for suement and payment right?


Also to clarify it wouldn't be a business. I want to start a blog about wordpress.org. Just a information blog of sorts. I'll put some ads here and there to pay of site costs but that is it I think.

The other guy owns this site wpmax.com which is inactive at the moment.

So what happens in the following situation?

Imagine I build up a decent blog with some great articles about wordpress and this other guy wpmax.com registers that brand as a trademark to get back at me. Would that force me to close down my blog or sell it to him? Even when I was just building this blog and making it clear I've nothing to do with wpmax.com. So before he registered that trademark or did anything with his blog can he shut me down?

What you will have to follow are the rules for the site that hosts your blog (and these rules will be based on U.S. laws). However, if you are sued, the person who or entity that sues you must travel to Belgium to sue you under Belgium laws, in order for the suit to be effective. No one can compel you to come to the U.S. to be sued.

Registration of a trademark is not necessary in the U.S. In the U.S., it (generally) will be the first to use the name in commerce who will acquire the trademark rights to the name. In Belgium, and in many (if not most) other countries, on the other hand, it will be the registration of the trademark that confers rights in the mark. The laws between our countries are different.

And, because of this difference and others, you really need to speak with an attorney in your area to see what you can do and what you can't do under the laws of your country, to protect yourself from a lawsuit filed against you in your country.

You will be told, in the terms of service of the blog site, what you can and can't do with your blog in this country. There will be a long, legal agreement that you must read and agree to before establishing your blog. Having someone go over the terms of service agreement, so that you clearly understand what it is you are agreeing to, will be important.

Once again, I suggest you seek legal assistance in Flanders. Good luck with your blog, Max.