Web site trademark problem.

[Brixxx]

What is the name of your state? Ohio

I and several others ran a website with domain and all. The website has since shutdown and now is a web community. Within the last year someone has stolen the old layout, images and text from this site and now is calling it his own. Furthermore, he has now slapped trademark symbols and (c) symbols on the site we created. He "claims" that this is perfectly legal with the "fair use" act. Of couse we have no registered trademarks as this site wasn't used with any commerece. Now since we still use the name and stuff for the community he claims that we are "violating" his "terms of service" for the name. And now he threatens me with legal action for the domain and rights of the name. He said he sent me a cease and disist order throught the mail straight from his lawyer. Number 1: Does he have a case (I serisouly doubt he does) Number 2: What can I do to stop him from harassing me and my community (besides the obvious ban from the community).

Thank You

 

[divgradcurl]

Number 1: Does he have a case (I serisouly doubt he does)

Probably not. Even if he did acquire a federally-registered trademark for the name, he still couldn't stop pre-existing users from using the name, so you would be safe there. As far as copyrights go, if you have evidence that you created the work before he did, then you should be fine. I guess you could potentially even try and go after HIM for copyright infringement, but without a registered copyright, its probably not practical. His claims of "fair use" are not even close to reality, if what you describe is true.

What can I do to stop him from harassing me and my community (besides the obvious ban from the community).

Well, banning him, of course. Other than that, probably not much. Probably the best way would be to get a lawyer to write a letter explaining that if he doesn't cease harrassing you, you will file copyright infringment charges or something. It may get his attention, it may not. If it does, great, it'll be a couple huindred bucks well spent. If not, well, then you'll probably just have to deal with it.