Threats from a law firm

[DiamondBob]

What is the name of your state? Texas

I have a website www.Texcessories.com where I sell Texas and Western themed merchandise.

I have several different catalgories such as Photo Frames, Jewelery, Flags, etc. One of the catagories I call Cool Texas Stuff, which is miscellaneous stuff that doesn't fit any other catagory.

I recently had a lawfirm send me a cease and desist letter claiming that using "Cool Texas Stuff" on my website was infringing on a copyright held by their client Cooltexasstuff.com and that they would sue me if I didn't stop.

I haven't stopped, but am concerned about it. As near as I can tell from my research, they don't actually have a case. One example cited was that if a person named their business Reliable Used Cars they could not sue everybody in the world that advertised "reliable used cars."

To tell the truth, if they had asked me nicely, I probably would have changed it just to be a nice guy, but they got my redneck up with this threat.

Do they actually have a case, or can they harrass me?

Thanks for any help.

This is my first post, so be gentle.

DiamondBOb

 

[HomeGuru]

What is the name of your state? Texas

I have a website www.Texcessories.com where I sell Texas and Western themed merchandise.

I have several different catalgories such as Photo Frames, Jewelery, Flags, etc. One of the catagories I call Cool Texas Stuff, which is miscellaneous stuff that doesn't fit any other catagory.

I recently had a lawfirm send me a cease and desist letter claiming that using "Cool Texas Stuff" on my website was infringing on a copyright held by their client Cooltexasstuff.com and that they would sue me if I didn't stop.

I haven't stopped, but am concerned about it. As near as I can tell from my research, they don't actually have a case. One example cited was that if a person named their business Reliable Used Cars they could not sue everybody in the world that advertised "reliable used cars."

To tell the truth, if they had asked me nicely, I probably would have changed it just to be a nice guy, but they got my redneck up with this threat.

Do they actually have a case, or can they harrass me?

Thanks for any help.

This is my first post, so be gentle.

DiamondBOb

**A: I don't see what the problem is. Just change one word ie. cool to hot so the category heading on your website reads Hot Texas Stuff.

 

[ALawyer]

Everybody who creates any "work of authorship" has a copyright at the time they create the work. To effectively ENFORCE the copyright requires that they first file the work with the US Copyright Office. That gives them some rights, but I doubt (I am not an intellectual property law specialist) it would prevent you from using the term in a non-deceptive manner.

A federally registerd TRADEMARK would be far more powerful, and there they could seek to enjoin you and claim, and possibly recover, damages.

 

[dallas702]

Did you research into exactly when Cooltexasstuff became a registered name? Maybe your use is older and you have a claim against them.

 

[davezan]

http://www.iwhois.com/index.php?domain=COOLTEXASSTUFF&tld=com&lookup=Lookup&clean=1

Cool Texas Stuff.Com
11009 Forbes Rd.
houston, TX 77075
US

Domain Name: COOLTEXASSTUFF.COM

Administrative Contact, Technical Contact:
Blackburn, Vicki infocooltexasstuff.com
Cool Texas Stuff.Com
11009 Forbes Rd.
houston, TX 77075
US
7139911015 fax: 7139911015

Record expires on 29-Aug-2007.
Record created on 29-Aug-2001.
Database last updated on 1-Jan-2006 23:13:35 EST.

http://tess2.uspto.gov/bin/showfield?f=doc&state=u6e4hj.2.1

(link above will expire, so click here to see full history.)

Word Mark COOLTEXASSTUFF
Goods and Services IC 016. US 002 005 022 023 029 037 038 050. G & S: Art pictures; Art prints; Graphic art reproductions; Photographic or art mounts; Printed art reproductions. FIRST USE: 20011109. FIRST USE IN COMMERCE: 20011109
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Design Search Code
Serial Number 78721807
Filing Date September 27, 2005
Current Filing Basis 1A
Original Filing Basis 1A
Owner (APPLICANT) Vickie Blackburn INDIVIDUAL UNITED STATES 11009 Forbes Houston TEXAS 77075
Attorney of Record David S. O'Neil
Type of Mark TRADEMARK
Register PRINCIPAL
Live/Dead Indicator LIVE

It can't be helped that some people believe having a registered trademark will
give them a magic wand to wave against others.

I'd do what HomeGuru suggested.