Trademark infringement & domain name question?
Tuesday, October 21st, 2008 at
5:28 am
Comments (3)
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I recently received a letter from a lawyer accusing me of trademark infringement in regards to a domain name I own. I have a single, retail location in Ohio named “The Fabulous Flea” Market that sells antiques & houseware. At the time I opened the store I also registered and created a website named www.fabulousflea.com (thefabulousflea.com was already taken). Apparently somebody in Texas also has a similar store named the same thing and has trademarked it (hers was opened in ‘04 and mine in ‘05). She wants my website. I don’t have money for a lawyer, but have read up on infringement and am still unclear as I think the name is more descriptive than proprietary. Is she trying to bully me out of my website name or does she have a legal right to it?
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I recently received a letter from a lawyer accusing me of trademark infringement in regards to a domain name I own. I have a single, retail location in Ohio named “The Fabulous Flea” Market that sells antiques & houseware. At the time I opened the store I also registered and created a website named www.fabulousflea.com (thefabulousflea.com was already taken). Apparently somebody in Texas also has a similar store named the same thing and has trademarked it (hers was opened in ‘04 and mine in ‘05). She wants my website. I don’t have money for a lawyer, but have read up on infringement and am still unclear as I think the name is more descriptive than proprietary. Is she trying to bully me out of my website name or does she have a legal right to it?
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