Domain Name Usage Liability

[vickiboise]

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

Hello! I have a two part question, and I would greatly appreciate any help that you may be able to provide.

1) What is the liability on my part? I have a company that does bookkeeping. We specifically offer bookkeeping to people who use a certain software, let's say Snigglesnap Software for the Construction industry (not anything like Quickbooks, Xero, etc). And we advertise on our website that we do bookkeeping for clients who use this software. I have no association with Snigglesnap besides being familiar with their software. Is it lawful for me to obtain and advertise my service on a domain such as www.snigglesnapbookkeeping.com? Or can Snigglesnap possibly not like and bring suit against me for this?

2) Is there a type of insurance I can buy to protect myself against such a liability?

3) Oh, and if there's an issue with me mentioning them at all in my website, I guess I should know that too!

Your help is greatly appreciated!! Vicki

 

[quincy]

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

Hello! I have a two part question, and I would greatly appreciate any help that you may be able to provide.

1) What is the liability on my part? I have a company that does bookkeeping. We specifically offer bookkeeping to people who use a certain software, let's say Snigglesnap Software for the Construction industry (not anything like Quickbooks, Xero, etc). And we advertise on our website that we do bookkeeping for clients who use this software. I have no association with Snigglesnap besides being familiar with their software. Is it lawful for me to obtain and advertise my service on a domain such as www.snigglesnapbookkeeping.com? Or can Snigglesnap possibly not like and bring suit against me for this?

You need permission from "Snigglesnap" to use their trademark as a marketing tool for your business.

Having a domain name with another's trademark as part of the name implies an association with the company holding the trademark. Such a domain name can confuse consumers into being directed to your site and away from trademark-holder Snigglesnap.

2) Is there a type of insurance I can buy to protect myself against such a liability?

You can purchase liability insurance but insurance does not prevent a lawsuit for trademark infringement and will not prevent your domain name from being taken away from you. The way to protect yourself from a lawsuit is to make sure you are not infringing on anyone's rights or violating any other laws.

3) Oh, and if there's an issue with me mentioning them at all in my website, I guess I should know that too!

You cannot use another's trademark as a way to advertise your site or to market your product/service. Stating or implying any affiliation with the company when one does not exist is not only infringement but violates state fair business practices laws.

You can use the trademark in a descriptive sense (e.g., "our company uses Snigglesnap Software") but this cannot be used as a promotional tool without permission from Snigglesnap.

I recommend you find a domain name that uses your own company's name.

Good luck.

 

[vickiboise]

Hello Quincy,
Thank you so much for the reply! Makes perfect sense and is a great help. My intention is to only mention Snigglesnap's software in my website as "We are experts in bookkeeping using Snigglesnap software".

Also, after reading your reply, I will be sticking with my primary website, and I will not be seeking additional websites, such as Snigglesnapbookkeeping.com.

I would like to ask for some clarification, if I may, regarding your mention of "promotional tool". I believe the case which I will be using the Snigglesnap name in the example above is in a "descriptive sense". Would you please give an example/clarification of its use as a "promotional tool". I'm not clear on what that means... and I don't want to unintentionally fall into that trap.

Thanks so much, again! Vicki

 

[quincy]

Hello Quincy,
Thank you so much for the reply! Makes perfect sense and is a great help. My intention is to only mention Snigglesnap's software in my website as "We are experts in bookkeeping using Snigglesnap software".

Also, after reading your reply, I will be sticking with my primary website, and I will not be seeking additional websites, such as Snigglesnapbookkeeping.com.

I would like to ask for some clarification, if I may, regarding your mention of "promotional tool". I believe the case which I will be using the Snigglesnap name in the example above is in a "descriptive sense". Would you please give an example/clarification of its use as a "promotional tool". I'm not clear on what that means... and I don't want to unintentionally fall into that trap.

Thanks so much, again! Vicki

Snigglesnap should not be the driving force behind your advertising campaign. It should be an aside.

As soon as you use another's trademark as a lure to attract consumers, you risk infringing on the rights of the trademark holder. The lure must be what YOU have to offer. You are not selling Snigglesnap. You are selling your services.

You can have your intended use of Snigglesnap personally reviewed by an attorney in your area, to better ensure you are not stepping on Snigglesnap toes.

Good luck.

 

[vickiboise]

Excellent! Thank you so very much, Quincy. Vicki

 

[quincy]

Excellent! Thank you so very much, Quincy. Vicki

You're welcome, Vicki. I appreciate the thanks, so thank you.