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Is this infringment or bullying?

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platteford

Junior Member
What is the name of your state (only U.S. law)? NC

I live in ***, NC have a small studio in my home with the name ***** with the domain name of ****.com and was contacted by a Gallery in NY (similar but not exact name) that said I had violated their trademark and stated that they had put a public notice in the newspaper and said "If a judge ultimately determines that is no problem with your use then we will not bother you again".

I don't know if they think my domain is a violation or name but am not sure how to respond. I was just trying to make a few buck teaching some kids classes and now this - great.

Thankful for any replies!
 
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quincy

quincy

Senior Member
It sure sounds like infringement to me.

The "bullying" is the art gallery's way of enforcing their trademark rights. If you do not change your studio name and domain name, the art gallery could conceiveably take you to court.

You may wish to review all of the facts with an attorney in your area, however, to see how legitimate their claims of infringement are and if their claims of infringement will withstand any challenge from you - or you may wish to save time, trouble and expense and simply assume that the gallery would not have contacted you if they did not have a legitimate legal action to pursue against you - and change your studio's name and domain name.
 
P

platteford

Junior Member
quincy said:
It sure sounds like infringement to me.

The "bullying" is the art gallery's way of enforcing their trademark rights. If you do not change your studio name and domain name, the art gallery could conceiveably take you to court.

You may wish to review all of the facts with an attorney in your area, however, to see how legitimate their claims of infringement are and if their claims of infringement will withstand any challenge from you - or you may wish to save time, trouble and expense and simply assume that the gallery would not have contacted you if they did not have a legitimate legal action to pursue against you - and change your studio's name and domain name.
Click to expand...
quincy,

Thank you for the advice. They actually got back to me with a more personal email and was very kind in explaining their rights. I will definitely be complying!
 
quincy

quincy

Senior Member
I am glad the gallery contacted you again and explained to you their rights in the name, so you can better understand their demands. I think you are wise to comply.

As a note, I really appreciate those who bring the arts to children. I wish you much luck with your studio.

And thanks for removing the identifying names in your original post.
 
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