My Website name and trademark laws

**HaydenNoble** · 05-06-2010 06:38 AM

Hello,
I was looking if anyone knew more about this subject. I currently own theistory.com and am looking to purchase istory.com
However, the current owner is looking to sell istory.com.
I just recently found also that he has trademarked "istory" in itself.

If I kept theistory.com as my domain, would I get dinged?
If I bought istory.com I would dinged unless if he dropped his trademark as well correct?

Any pointers here would be great.
Thanks!

**Manny4life** · 05-06-2010 11:54 AM

Dude first off I'm no legal expert, but having done 4 business and commercial law classes, in my opinion, you are fine. First, a trademark is does deal most likely tangible goods/products. A website isn't a tangible goods because you cannot feel or touch it. Like the name says, "Trademark"; a uniquely and distinctive trade sign used to identify the original entity for whom that sign was assigned to. A website isn't a product nor service so I don't honestly think it applies to it. For instance look at Coke, Pepsi, Kraft foods, Mars, even sporting clubs, they have a distinctive sign that when you see it, you know its their product. Besides, unless you see that it has an ® sign, that means it was duly registered at the U.S. Patent Trademark Office, but if it has this sign ™, obviously it wasn't registered but yet they can use the sign to scare people off, or they are in process of getting on, still it means nothing. Again this is if they have a product they want to mark.

**HaydenNoble** · 05-06-2010 01:00 PM

Actually, I just consulted an IP lawyer. Apparently I'm no good. Sad but true.

**Manny4life** · 05-06-2010 01:59 PM

wow thats what a he said...hmmmm not good. sorry to hear that.

**rogercbryan** · 05-06-2010 03:34 PM

Is your site making so much money that you need to worry about all this? Unless you are making $10K a month why do you even care about trademarks? I know lawyers say you need them and there are horror stories out there. I've always taken the approach that if one of my sites becomes so popular that it infringes on someones trademark then I've done a hell of a job with that site! If you are just getting started don't worry about it.. its not that big of a deal..

I'm not a lawyer and this is not legal advice... in fact don't follow my advice the more of you that give up before you even get started means less competition for me!

**lawinc** · 05-16-2010 08:35 PM

The rules for understanding whether a legal conflict exists comes from trademark law. Here are the basics you need to understand:

* Names that identify products or services in the marketplace are trademarks.
* Distinctive (clever, memorable) trademarks are protected under federal and state law.
* Distinctive business and domain names usually qualify as trademarks.
* The first commercial user of a trademark owns it in case of a legal conflict with a later user.
* One trademark legally conflicts with another when the use of both is likely to confuse customers about the products or services, or their origin.
* If a legal conflict -- called an infringement -- is found to exist, the later user will have to stop using the mark and may even be held liable to the trademark owner for damages.