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smcfarland
Posts: 680
From: Nashville, TN
Status: offline
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Fair Use : Using a TM-ed slogan in your domain... - 2/7/2003 12:48:38
I have a domain name, herbalbodyforlife.com , which is where I have a support forum for moms taking the " Body for Life" challenge as well as where I sell Herbalife products.
I received a letter recently from the general counsel for EAS, owner of " Body-for-Life" trademark... Funny, but I have had the domain for over a year and was even maunally approved for the affiliate program for EAS as well as had them visit the afore-mentioned forums, all earlier than last summer, and now I get a this letter.
I have since removed the orignial site, and have the domain pointing to winatlosing.com (which is the same site, only geared towards moms with a different color). I received a letter stating they saw that I moved the site but that they want documentation that I will no longer use thier trademarked name (the one that I have spent so much time and money marketing).
I don' t really have a problem doing it, I suppose, except for the fact that I do get orders from it... And I need to get a few moments to respond... just wondered if anyone has any information regaring this so I can be better educated.
Thanks.
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Summer McFarland
Renter's ruined our home - Wanna help?
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adambrooks
Posts: 145
Joined: 1/8/2002
From: Charlotte / Matthews NC USA
Status: offline
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RE: Fair Use : Using a TM-ed slogan in your domain... - 2/7/2003 16:58:22
I think you could still use the domain. Technically, you' re not using " Body-For-Life" . You' re " Body For Life" . Not the same legally... on a technicality. Now, they could challenge, but I don' t think it would hold.
The real quest is, can you afford the expense?
Also, find out when the trademark for " Body-For-Life" was established. If after your domain was purchased, you may be granfathered and not have to worry about it.
I would offer them the ability to purchase the domain in order to retain their TM and thus you will be compensated for your marketing. That $ can then be poured back into your new site to attract users. Just be sure to make them agree to have the domain redirect users for at least one year.
quote:
ORIGINAL: smcfarland
I have a domain name, herbalbodyforlife.com , which is where I have a support forum for moms taking the " Body for Life" challenge as well as where I sell Herbalife products.
I received a letter recently from the general counsel for EAS, owner of " Body-for-Life" trademark... Funny, but I have had the domain for over a year and was even maunally approved for the affiliate program for EAS as well as had them visit the afore-mentioned forums, all earlier than last summer, and now I get a this letter.
I have since removed the orignial site, and have the domain pointing to winatlosing.com (which is the same site, only geared towards moms with a different color). I received a letter stating they saw that I moved the site but that they want documentation that I will no longer use thier trademarked name (the one that I have spent so much time and money marketing).
I don' t really have a problem doing it, I suppose, except for the fact that I do get orders from it... And I need to get a few moments to respond... just wondered if anyone has any information regaring this so I can be better educated.
Thanks.
_____________________________
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Adam S. Brooks
(Advanced Technology in Media)
URL: http://www.ATonline.com
Email: Adam@ATonline.com
AIM: AdamBrooksSpins
Phone: (704)841-4909
Mobile: (704)968-3876
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Mojo
Posts: 2431
From: Chicago
Status: offline
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RE: Fair Use : Using a TM-ed slogan in your domain... - 2/8/2003 12:44:45
I have faced this recently.
If you really want to have fun with them - change your offending site to a discussion forum or information site about " Body for Life" .
As long as you are not profiting from the new site you *should* be safe from harm. You are now under the protection of the 1st ammendment. Although, as adambrooks mentioned, " Can you afford the expense?" is really true. Lawyers... even when you win, you will likely *not* have you expenses covered.
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adambrooks
Posts: 145
Joined: 1/8/2002
From: Charlotte / Matthews NC USA
Status: offline
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RE: Fair Use : Using a TM-ed slogan in your domain... - 2/10/2003 10:02:43
As I have understood it, even if you are not profiting from it, a company could force you not to use their trademark. Also, the real issue here is a domain. The domain, in in conflict with a trademark, could be taken legally and thus a non-profit web site wouldn' t exist. yadayadayada
Personally, I think you can escape this based on the fact that their trademark is not excatly like your domain or business.
quote:
ORIGINAL: Mojojojo
I have faced this recently.
If you really want to have fun with them - change your offending site to a discussion forum or information site about " Body for Life" .
As long as you are not profiting from the new site you *should* be safe from harm. You are now under the protection of the 1st ammendment. Although, as adambrooks mentioned, " Can you afford the expense?" is really true. Lawyers... even when you win, you will likely *not* have you expenses covered.
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Mojo
Posts: 2431
From: Chicago
Status: offline
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RE: Fair Use : Using a TM-ed slogan in your domain... - 2/11/2003 1:31:17
quote:
Posts: 78
Member since: 1/8/2002
From: Charlotte / Matthews NC USA RE: Fair Use : Using a TM-ed slogan ... (in reply to msg Mojojojo)
As I have understood it, even if you are not profiting from it, a company could force you not to use their trademark.
Not always--
michaelbloombergsucks.com
Microsoftsucks.com
Lockheedsucks.com
ibmsucks.com
TaubmanSucks.com
WillowBendSucks.com
searssucks.com
homedepotsucks.com
Just start typing in companies and " sucks" . There are bunches of them. I recently read where Lockheed and Bloomberg both lost court cases against the the sucks version of their names.
You could easily replace " sucks" with other words (or a word) for a more profane / vulgure company URL.
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Cyprus
Posts: 97
Joined: 10/21/2002
Status: offline
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RE: Fair Use : Using a TM-ed slogan in your domain... - 2/12/2003 13:14:38
It' s an empty threat. Put your site back up. There is very little they can do to prove that you are actually infringing on their trademark.
Trust me, we' ve had similar threats from AT&T for one of our sites. Most of these places don' t have a leg to stand on.
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smcfarland
Posts: 680
From: Nashville, TN
Status: offline
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RE: Fair Use : Using a TM-ed slogan in your domain... - 2/12/2003 13:42:51
OK, the site is http://herbalbodyforlife.com -- we were using Herbalife products in conjunction with the Body-for-Life philosophy... I had the domain pointed to another site that has nothing to do with Body for Life AT ALL.
Now, the support site, since Body for Life is also called BFL by us BFL-ers, I have http://bflmamas.com . They don' t seem to have a problem with that one.
I have a mail piece to pick up, certified from them w/return receipt... I have tried to call, but do not get through. I will try again. I just don' t get it... I am trying to get more people to use their products and participate with their program and they want me to shut down my site?? But someone can have http://www.bodyforlife2.com ??? UGH.
_____________________________
Summer McFarland
Renter's ruined our home - Wanna help?
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adambrooks
Posts: 145
Joined: 1/8/2002
From: Charlotte / Matthews NC USA
Status: offline
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RE: Fair Use : Using a TM-ed slogan in your domain... - 2/12/2003 13:59:21
you should buybodyforlifesucks.com and have some real fun with them. LOL
i still think that you should tell them to shove it. they don' t have much legal backing to do this.
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