Copyrighted word

[romow]

hi,

recently i received an email regarding my site.
the emailer said the domain name is the word
that he coined a couple of years ago,
and is copyrighted.
he requested i cease and desist the service.

what is the best way to respond?
shall i ask for copyright proof first?
i'm a newbie in copyright laws.
if you can give me advice, please pm me
so that i can provide further detail.

thanks!!

 

[adam_uk]

tell him to go shove his email up his arse until he rights to you in a formal letter with proof of copryright and the letter should be on a company header/footer paper

 

[DNQuest.com]

You can't copyright a word. But if the word is a TM that is unique and has been used for commercial purpose, that is a different story. If the letter actually says copyright, I would believe the emailer is bluffing. I would still still treat him with respect and let him know your legal rights to the "word". Even Microsoft can stop people from using the word "windows" (other than software purposes).

So much would depend on the "word", the usage, and possible TM rights. But no one can give a true answer unless we knew the "word".

 

[Element]

I wouldnt pay much attention unless a official person sends you a email or something.

 

[Peter]

the fact that he does not know the difference between copyright and traemark suggests he is bluffing.

Ask him to send you proof as has been suggested.

 

[DJ-Sound]

don't even reply, I bet he emailed all his competitiors or just being a a-hole trying to get people to shut down their sites. Also the above posts are right, you can't copyright a word...

 

[romow]

thanks for all your replies and PMs.. i greatly appreciate them!
I send them an email asking for formal proof of copyright,
and reminded them that one cannot copyright a word.
I'll keep you guys posted if they reply.

 

[RJ]

Just go to www.uspto.gov and look up the term yourself. You can see if he has a trademark and what industry it is in.

You didn't mention what you are currently using the domain for. This is important.

 

[romow]

yes, i already checked uspto.gov and copyright.gov.
i did not find any filings or applications on the word.
i'm using the domain for non-commercial purpose.
i was having one google adsense on it, but now it's clean.

Just go to www.uspto.gov and look up the term yourself. You can see if he has a trademark and what industry it is in.

You didn't mention what you are currently using the domain for. This is important.

 

[DropLister]

first off, it would have to be a trademark, and it could be TMed even though it is a generic word, take Google for example, google is a dictionary word but it is a trademark, who knows how google pulled that one off, but all the power to them.


If the name really is TMed, tell them you will gladly see them in court....

 

[RJ]

first off, it would have to be a trademark, and it could be TMed even though it is a generic word, take Google for example, google is a dictionary word but it is a trademark, who knows how google pulled that one off, but all the power to them.

Yes, generic words can be trademarked for an industry where they are not descriptive. "Apple" for instance is a trademark for a personal computer company. Likewise "Google" is worthy of trademark protection as well, regardless of the fact that it sounds like the dictionary word "googol".

When a trademark is registered, the applicant has to specify a classification for the trademark. That is saying what industry it will be used for. Different companies can hold trademarks for the same term. In fact, Apple Computers ran into a little trouble a while back when they started selling MP3s because another company owned the trademark on Apple for the music industry.

Romow, this is why I was asking what you are currently using the domain for. Nonprofit or not doesn't always matter. If you are not violating a trademark you have every right to profit.

Questions: Are you using it for the same purpose that this other person is using their trademark for? (or are you creating confusion in the marketplace?)

Can you find anywhere on the web where they are using the term?

Were you aware of this person's use of the term when you registered it?

Also, a term doesn't always have to be registered with the USPTO to be considered a trademark.

RJ

 

[brandonlanglois]

I say you ask him about the copyright laws, because he could be fooling you.