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Question on trademark infringement, state of Colorado.
I intend to put up a pro-consumer website that has information on a well-known prescription drug that I believe the manufacturer would rather not have publicized. For the sake of illustration (details changed), let's say the website is named getZoloftcheap.com, and it informs the consumer how they can legally fill their prescription at half the going rate in the US. The site is purely informational and non-commercial. There is no attempt to create confusion as to source or sponsorship: there is a disclaimer on the site of any connection with the trademark owner, and the site is clearly antagonistic toward the egregious profiteering of the manufacturer. I would consider the project a success if the web site has a significant impact on the manufacturer's profits.
Would the use of this domain name constitute trademark infringement? If so, would the consequence be simply that I must stop using the domain name, or could it include serious consequences such as monetary damages? Even if the manufacturer had no case, could they bankrupt me by bringing legal action?
I have read the information at BitLaw on trademark dilution, and it seems this use could be considered "tarnishment" (unsavory or unwholesome use). However, it also says that non-commercial use is not subject to the Trademark Dilution Act.
I might ask for voluntary donations to cover costs of web hosting and publicity, could this impact the non-commercial status?
Thanks very much for any advice and clarification.
I intend to put up a pro-consumer website that has information on a well-known prescription drug that I believe the manufacturer would rather not have publicized. For the sake of illustration (details changed), let's say the website is named getZoloftcheap.com, and it informs the consumer how they can legally fill their prescription at half the going rate in the US. The site is purely informational and non-commercial. There is no attempt to create confusion as to source or sponsorship: there is a disclaimer on the site of any connection with the trademark owner, and the site is clearly antagonistic toward the egregious profiteering of the manufacturer. I would consider the project a success if the web site has a significant impact on the manufacturer's profits.
Would the use of this domain name constitute trademark infringement? If so, would the consequence be simply that I must stop using the domain name, or could it include serious consequences such as monetary damages? Even if the manufacturer had no case, could they bankrupt me by bringing legal action?
I have read the information at BitLaw on trademark dilution, and it seems this use could be considered "tarnishment" (unsavory or unwholesome use). However, it also says that non-commercial use is not subject to the Trademark Dilution Act.
I might ask for voluntary donations to cover costs of web hosting and publicity, could this impact the non-commercial status?
Thanks very much for any advice and clarification.