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Anthem Copyright

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rpadgett

Junior Member
What is the name of your state?What is the name of your state? Arizona.

I am a Realtor in Arizona and I live in Anthem, Arizona. Anthem is a master plan community developed by Del Webb (a division of Pulte Homes).

My main market for selling homes is in Anthem, Arizona. And, the POSTAL address of these homes are Anthem, Arizona.

I have a site called "TriciaSellsAnthem.Com" - (refering the the POSTAL address) which has content about new home / resale / and community information on Anthem Arizona.

I have been contactec by A legal representative from Pulte Homes - representing the Del Webb division - stating that I am in violation of Copyright law. The representative stated that their client feels we are illegally using the TRADEMARK "anthem". Further, they are stating we are in voliation of the "Trademark Cyberpiracy Prevention Act. (TCPA)"

I have researched the TCPA, and it appears they are trying to use the appended section 43 (d)(1)(A)(ii)(I) which states:

in the case of trademark or service mark that is distinctive at the time of registration of the domain name, is identical or confusingly similar to such mark;

DO THEY HAVE A CASE HERE TO STOP THE USE OF A POSTAL ADDRESS IN A DOMAIN NAME - CLAIMING THE NAME IS COPYRIGHT?
 


divgradcurl

Senior Member
DO THEY HAVE A CASE HERE TO STOP THE USE OF A POSTAL ADDRESS IN A DOMAIN NAME - CLAIMING THE NAME IS COPYRIGHT?
No -- at least, not under copyright law. However, they may (arguably) have a case under trademark law. And BTW, trademark law is where all of the anticybersquatting provisions arise -- this issue has absolutely nothing to do with copyright law.

The general rule is that place names are generally not trademarkable -- but this case is different since, it would appear from what you have written that the trademarked name of the development (and it is almost certainly a registered trademark, check www.uspto.gov to find out for sure) existed first, and then the name of the "town" came later.

Does Anthem, AZ, contain homes (that you sell or advertise) that are not part of the panned community? If so, then you might have a good case to support your contention that you are simply referring to the postal address. However, if everything in Anthem is part of the planned community, it may be more difficult to show that you are referring to a postal address, and not the community.

And, in any event, the "confusingly similar" test really has very little to do with your intent, and is more focused on what a consumer would find confusing. If a consumer, looking for info on Del Webb's community, would see your site and be "confused" as to whether or not is was an 'official' site sponsored by or otherwise okayed by Del Webb, then that likely is "confusingly similar" enough for trademark infringement.

You might have a defense here, you could take everything down to a local attorney for an opinion based on all of the facts.
 

rpadgett

Junior Member
Anthem Trademark

Sorry, I meant to say Trademark and not Copyright. I did check the TASS site and they do have anthem trademarked.

Del Webb has built several master plan communities with Anthem in the name:

-Anthem, Arizona:
Anthem Parkside
Anthem Country Club

-Henderson, Nevada:
Solera at Anthem
Sun City Anthem

-Florence, Arizona:
Anthem at Merrill Ranch
Sun City Anthem at Merrill Ranch

-Broomfield, Colorado:
Anthem Ranch by Del Webb

The Anthem Master Plan Community is mostly in the Postal Address of Anthem, Arizona. There is a small section with the Postal Address of Phoenix, Arizona. Del Webb is the main builder (coventry homes) of homes in Anthem, Arizona. However, there are other builders building homes in Anthem Postal Address area AND in the Phoenix Postal Address area.

For example - Engle Homes is building homes in Anthem, Arizona and they are calling there neighborhood:
The Village at Anthem

NOTE: my website TriciaSellsAnthem.com ONLY focuses on Anthem, Arizona. It includes information from the builders of these homes including Del Webb and other builders in Anthem.

Does it still sound like I have a case to keep using TriciaSellsAnthem.com ?
 
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rpadgett

Junior Member
fyi... we have information that Anthem is an unofficial postal address. It looks like this is going to be a case of the big guy squishing the little guy. :(
 

divgradcurl

Senior Member
rpadgett said:
fyi... we have information that Anthem is an unofficial postal address. It looks like this is going to be a case of the big guy squishing the little guy. :(
Why do you think that is the case here? If the "big guy" has a registered trademark, he is obligated to defend and enforce his trademark, or he could lose the mark. That's why you hear stories about McDonalds or whoever going after kid's lemonade stands and the like -- they are not afraid of the competition, but they do have to protect their mark or risk losing protection.
 

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