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Fair Use Of Trademarked Name

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mike4140

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

Hi,
I have searched here quite a bit but have not found the answer so I thought I'd just ask.

We have had a website for ten years that is a non-commercial site for owners of a particular brand antique tractor. The owner of that brand's trademark has recently contacted us a demanded that we turn over ownership of the website. The website is basically like 'TrademarkedName'-users.com. Without using the trademarked name I have no way to describe the website. Is this considered fair use or what should I do?

Thanks so much in advance!
 


FlyingRon

Senior Member
Well first off, I wouldn't turn over ownership of the site. They might have claim to the name but that is all.

On trademark principles, as long as there is clearly no confusion that you are affiliated with the company whose mark it is, your nominative use is covered under the allowable uses of the mark.

Of course, DOMAINS go by their own insane rules. However, I still think if push comes to shove, that you are not in the "bad faith" use of the domain name that would entitle them to wrest it from you. Of course, the UDRP is not governed by any sane rule of law, so I wouldn't make any absolute guesses as to the outcome.
 

mike4140

Junior Member
Thanks for the reply. That is sort of my thought. I'm not sure I'm willing to count on the court to be 'logical'. I might just change the stinkin' name. :)

I already wasted $500 on an online law firm that specializes in trademark laws. They just sent me back a form-mail reply that said the other company owns the trademark so we should give them the website.

Oh well.. lessons learned.
 

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