Hi,
Sorry, this is off topic but I need some legal help here. The guy from websiteresources.com is making me change my name from Website Resources to something clearer like Website Resources dot Net so that our sites don't get confused....but I've gone through so much work getting my site promoted with the name Website Resources....I'd have to change my listings in the search engines, buttons (which are literally in hundreds of places), and so much more. He said he'd contact a judge if I didn't change everything...Can he do this? He said he has the name trademarked but it doesn't even have a TM on his site...so how was I supposed to know? Please help! I don't know what to do and I don't know much about legal issues as I'm only 16.
Thanks,
Michael
http://www.websiteresources.net

Interesting... Both sites seem to be very similar - resources for the webmaster and free ones at that. The layouts are also very similar as well. But how many variations can you get with HTML tables? Both sites use the dot in their names and in the graphics at the top left as well. I'd say who ever registered their domian name first first might be the "righter" of the two of you.

But I'm not a lawyer. Just my thoughts

Thanks

Well, I got my domain after him, but by no means did I copy it. I had my site designed for me, I didn't design it myself. But I did a trademark search and he doesn't have the trademark like he claims, so can he make me change my name? Although now he is saying that he has a vendors permit that he got from the government that secured the name...is there such a thing?
Regards,
Michael

He has no substantial claim, and taking you to court would be an exercise in futility. Offer to put a "not affiliated with that other place" note, or something. Inform him you do not wish to make it a conflict, suck up to him... I have a feeling he'll like it and shut up. *L*

------------------
Charles Capps
http://solareclipse.net/

I am not a lawyer... but my 50+ years of human wisdom say's this guy could be just swinging his real world bat around in a virtual world with different laws. I would not lose any sleep on the matter and just put some comments on your site as suggested above.

I would let them prove it in court "Period". I know from your young age this might scare you but do not let them try and bully you. Just make sure you are not stealing any of there web site material or copyrighted items.

I have many sites on the web and had the same problem with my site at http://www.refer-me.com that I own. I got a letter from a lawyer at http://www.refer-it.com and they indeed did have the refer-it trademarked and wanted me to change my name. Bottom line... I told them I was not copying there site and never heard of it till now and it was a free "virtual" world of ideas. You cannot copyright or trademark an idea. This was over a year ago and heard nothing more from either since.

While I am on the subject... for those interested, I have read many articles stating that the copyright laws do not protect databases because they are "gathered" information from other sites. This is the same as trying to copyright a phone book of addresses. As long as the actual content (a review, description, etc) was not created by the original owners of the database then they cannot copyright that part of the content as they do not really own it. They just spidered it from another "owner".
Tim Ryan
Webmaster, Publisher
http://www.EzineSearch.com
http://www.NewsLocator.com
http://www.HomeIncome.com
http://www.Magazine-Online.com
http://www.Refer-Me.com
http://www.TrafficBlaster.com
http://www.Site-City.com
http://www.Incorp.Net
http://www.Subscribe-Me.com
http://www.BizSearcher.com
and more to come...


[This message has been edited by timryan (edited July 02, 1999).]

Michael,

Here's another voice for "just don't worry about it." He's just trying to muscle you. He knew that domain was available, and for $35 a year, he could have reserved it if he wanted to. He didn't, so it's his loss.

If he doesn't have a trademark like he said, he's got nothing to back up his claim at all, and even if he did have the trademark, it would be a flimsy claim. Offer to sell him the domain name for some exorbitant amount of money.

Phoenix

Actually it is $111 now for a two year domain registration with Internic. If this other guy does trademark the name in the future, he could still make a case that he used the name first. Since you are both providing similar competing services, it may pose a problem
if you try to register it (not as a domain, but as a registered trademark) since he used the name first.

For more information on trademarks and patents, check out these web sites:

Patent Search Engine
http://www.uspto.gov/patft/

Directory of Federal Trademarks
http://www.d-net.com/min2/min41177.htm

Discussion of Internet Domain Names as Trademarks
http://www.uspto.gov/web/offices/tac/domain/tmdomain.htm

Explanation of Trademark Law
http://www.law.cornell.edu/topics/trademark.html

Trademark Information
http://www.fplc.edu/tfield/Trademk.htm

Good luck.

(BTW: This may not be the most appropriate bulletin board to post your concern.)

------------------
Eliot Lee
Founder and Editor
Anthro TECH, L.L.C
http://www.anthrotech.com/
info@anthrotech.com
==========================
Coconino Community College
http://www.coco.cc.az.us/
Web Technology
Coordinator
elee@coco.cc.az.us

[This message has been edited by Eliot (edited July 02, 1999).]

no it is $70 and $35 there after... see
http://www.networksolutions.com/help/general/cost.html

I did look at Network Solutions (Internic) and the stated price for new domain registrations is $111.00.

Regards,

------------------
Eliot Lee
Founder and Editor
Anthro TECH, L.L.C
http://www.anthrotech.com/
info@anthrotech.com
==========================
Coconino Community College
http://www.coco.cc.az.us/
Web Technology
Coordinator
elee@coco.cc.az.us

Eliot,

I think timryan is right. Registering the domain is $70. If you want Network Solutions to park your domain as well, then it's $119.

Just in case anyone want's to park their domain, don't pay $119. Many webhosts park domains for free.

Hello Mellinger!

As I see that many above have been talking on this issue, however no one hav discussed any real trademark issue. Hence I do so.

A mark can be registered if it is a strong or a weak mark. However it cannot be registered if it is a description of a good or a service, Geographical words, or Generic words. This is more or less the same criteria in most of the countries in the world -- however exception of some under developed countries --

I have a fairly a deep knowledge of this Trademark issue of the US and German law. Anything before than the second level domain is to be considered for comparision of a Trademark in case of dispute between the two parties. If it is registered with any Trademerk office or not ""-- IT DOES NOT MATTER --"". You can use it in commerce and if you are able to prove that you are the first, you win in any court of the world.

In this case, the name in use is a description of a service and it cannot be registered by any trademark office in the world. So there is "NO CHANCE" that the other guy can have a trademark. Forgetting that if the other has a mark or not, one should think, if YOU are able to get a trademark on it. NO. If not then sleep five minites more everyday rather then getting freightened and have a bad time which many could have.

I am not a lawyer and my opinion expressed above is only my view to the discussion on the above threads and not with an intention to offer any legal advice of interference.

Feel free to ask me more.

------------------
rajani

It's $60 to register and $35 a year thereafter. This is a recent reduction in price, because internic is preparing for the upcoming competition in this service. Previous to that, it was $100 to register and $50 per year thereafter. They are looking towards further reduction in price these days, not increases.

Phoenix

Okay, I was wrong about the registering costs, which is $70.00, while reserving
a domain is $119.

Where did you see $60.00 for registering a domain?

BTW: I really think that this thread is getting out of control. Bobsie or Alex, would you be willing to lock (close) it??

------------------
Eliot Lee
Founder and Editor
Anthro TECH, L.L.C
http://www.anthrotech.com/
info@anthrotech.com
==========================
Coconino Community College
http://www.coco.cc.az.us/
Web Technology
Coordinator
elee@coco.cc.az.us

$60 was a typo. Sorry about that. I meant $70 to register, and 35 a year thereafter. Sorry for any confusion.

My reference to upcoming competition is about the new Shared Registration System, a program which started through internic (networksolutions.com or internic.net) in April, the same time that the registration price went down. If you search for Shared Registration System in their corporate news, you'll see what I mean.

Phoenix

[This message has been edited by phoenix (edited July 03, 1999).]

Eliot: You beat me to it. It is only $70.00 (US) for initial domain registration (covers 2 years) and $35.00 each year after that (i.e., starting upon year 3) annually. It was $100.00 before April 1st, 1999.

Phoenix may be confused with internic.com that the real internic.net took legal action against.

Dan

Eliot,

Please leave me out of it. I have enough problems being moderator of the Modifications forum! I am not a moderator here.

I'd hate to add to the confusion, but just can't resist. It has been $70 since April 1998, not 1999.

[This message has been edited by t_dog (edited July 03, 1999).]

This thread is too funny.

Really, Michael... we're grownups! Take our advice! We know what we're talking about. LOL!

Phoenix

Hi,
Thanks for all your advice...
Regards,
Michael

Just go to www.register.com. You pay the $70, and they do a temp host for free.