Intellectual Property Law
Intellectual Property Law Questions? Ask a Lawyer
Hello, will be assisting you.
Let me review the question
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that is correct
I am composing an answer
Ok thank you
unless you would like get straight to it so to speak
Well, I am for a long time just looking for an answer, so you can choose the way its best for you to expain :)
First, one need to realize that the rights to trademarks (i.e. names used in commerce) are derived through usage not through registration
you have indicated that no one is using Dallas Daily Times
the short answer is that you should begin using is as soon as you can. However,
it is possible that a newspaper in the Dallas area or even throughout the states has a similar name such as "Dallas Daily News" (fictional example I think)
in such case if the Dallas Daily News believes that the name Dallas Daily Times would be confusing to the consumers (readers) then they could oppose your use of the name
though absent federal trademark registration or state trademark registration only a court that agrees with them would be able to direct you from using Dallas Daily Times
(this is all high level legal theory just so you'll understand)
the botXXXXX XXXXXne for you is that:
1) you need to start using the name as soon as you can
2) you should the name in interstate commerce i.e. sell the paper promote the website to users from other states so that you can qualify for a federal trademark registration
3) once you qualify or when you have a bona fide intention to use the mark in interstate commerce file a federal trademark application
p.s. and register the domain as soon as you can since this is a public chat and who knows who might be reading this in the future...
typo: in 2) it was supposed to be "you should use the name in..."
Ok, but lets say the a newspaper with a name Dallas Times exists and I would like the Dallas Daily Times, there is a much larger possibility that the Dallas Times will say that 'it could be confusing'.... right?
it would help if you were a weekly and they were a daily for example though even then consumer confusion might be created
But I dont intent to spread a newspaper, only online, and I like Dallas and want to do something nice, and not look for any troubles or lawsuits...
that is very commendable. But keep in mind that established media has the resources to legally fight you regardless if their legal stance is correct or not
for me its only about the interesting 'name' and when I see in Google it is not used as a official newspaper and not registered in a trademark directory and if maybe the domainname is XXXXX XXXXX thought it might be ok.. but I don't want to go into that legal road....
I thought maybe to put in the name since I am Dutch... Dutch Dallas Daily Times and still use my domain name www.DallasDailynews.com because it is a good name and since in the official name I have Dutch, It could be different
i meant www.Dallasdailytimes.com
As I said I don't think that Dallas Daily Times would necessarily infringe on Dallas Times Herald but you can never know for sure until you start using it and get a cease and desist
a defensive move would be to start the site and use it in interstate but not promiote it heavily until the time that you register a trademark then you will be on a much stronger legal footing
And when they DO contact me to stop it, and if I stop right away, I would not directly have to pay a big fine or so? so if I would just drop the name no lawsuits and money issues will be there right?
no fines. to claim damages they would have to take you to court which would be expensive for them and I'm not sure how they would be able to recover from you (this is assuming that they would be legally correct)
in conclusion, start low key interstate operations, register a trademark and then you'll be on a stronger legal footing
thanks for allowing me to assist you
ok, thank you as well,
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