Question on trademarks...

[CreativeWeb]

I have injen.net..most of you probably haven't heard of them, but they make cold air intakes and other performance parts for cars (see injen.com). I like the name so I'm pretty much just using it for personal use or just linking my websites..anyway, I had a few q's..

Would a company like this actually go after me or is it only big corporations? Can they technically go after someone who has the .net, or do the trademark issues only apply if you have the .com?

Can they do anything if I'm using it as a non-commercial site?
If no, am I allowed to make my own 'injen' logo, or is that also copyright infringement?

thanks guys

 

[ApeXX]

Any company, no matter how large or small, may go after you for registering a domain that is trademarked intellectual (sp?) property. And I am almost positive that you would not be able to make you own ingen logo, unless maybe it was just for personal use. I could be wrong however, wait for the word of a professional in this subject.

 

[merlix]

I'm not a bottom feeder (err, I mean attorney - did I say that?), but I own a trademark and I have helped several clients obtain trademarks. I have been doing this for 11 years now and have had my share of intellectual property legal battles of which I have been on both sides. Here's my take...

Anyone can sue you for anything. If I didn't like your shoes, I can sue you. Will it get thrown out? Definitely. Will the judge scold me for a frivolous law suit. Probably.

The little R with the circle around it means that it is a Federal Trademark registered with the US goverment. This takes about a year to go through the process of getting approved and costs around $750 to have an attorney to file it ($375 of it goes to the USPTO).
The little TM means that the person using the logo or word is "claiming" a trademark, but has either not filed it with the USPTO or they haven't been approved yet. Anyone can use the ™ as they wish.

I own around 1500 domains and manage another 2500 for clients. I get a Cease & Desist letter about every month. Chances are, you might get one as well. 95% of the Cease & Desist letters that are sent out are sent out to SCARE the owner in giving up the domain. I can pretty much assure you that as long as you aren't doing the same thing as they are and your logos and design don't make someone think that your site is theirs, you will be 100% fine even if you get the C&D letter.

I was at the Domain Roundtable conference last week and got to hear all of the famous intellectual property attorneys like John Berryhill and Derek Newman discuss these same issues. I think they would agree with this post.

Have a blast and enjoy your domain.

 

[Dave_Z]

If you're using that to create dinosaurs, I doubt you'd infringe on their mark.

 

[stscac]

I'm not a bottom feeder...

I understand that you are entitled to your own opinion, and it was funny. But we do have a number of lawyers/attorneys as members, who are a great addition to the community in these aspects, so please do not offend them.

I have injen.net..most of you probably haven't heard of them, but they make cold air intakes and other performance parts for cars (see injen.com). I like the name so I'm pretty much just using it for personal use or just linking my websites..anyway, I had a few q's..

Would a company like this actually go after me or is it only big corporations? Can they technically go after someone who has the .net, or do the trademark issues only apply if you have the .com?

Can they do anything if I'm using it as a non-commercial site?
If no, am I allowed to make my own 'injen' logo, or is that also copyright infringement?

thanks guys

Claim to have something else that you are using the word "injen" for. If you do not have a good reason for having the domain name, and you are seen to be keeping the domain in bad trust, then you are liable to be getting a phone call... Best wishes with that

-Steve