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BizIPEsq.
BizIPEsq., Attorney
Category: Intellectual Property Law
Satisfied Customers: 996
Experience:  I am a tech attorney and I represent clients with technology, internet and intellectual property matters
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Name constructions: I want to start a simple online Newspaper in Dallas, non profit! I

Resolved Question:

Name constructions:

I want to start a simple online Newspaper in Dallas, non profit! I am looking for a good name, but I am not looking for any problems and lawsuits. In the trademark register, the name "Dallas Times Herald" is registered but I want to use the name "Dallas Daily Times" and it is not registered, and in Google I find no newspaper with that name. If that is the case, that a name is XXXXX XXXXX and a newspaper with exact name does not exist, and the domain name is XXXXX XXXXX can I simply start a newsaper with that name being sure there will be no legal problems? Or should I take a little less similar name like "Dallas Daily Chronicle". The same goes for the existing and registered name "New York Times" and the not existing and registered name "New York Weekly Times". Will name constructions like this give problems?

Thank you in advance,

Paul van Amerongen
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  BizIPEsq. replied 1 year ago.

BizIPEsq. :

Hello, will be assisting you.

BizIPEsq. :

Let me review the question

Customer:

ok

Customer:

There is someone online right?

BizIPEsq. :

that is correct

BizIPEsq. :

I am composing an answer

Customer:

Ok thank you

BizIPEsq. :

unless you would like get straight to it so to speak

Customer:

Well, I am for a long time just looking for an answer, so you can choose the way its best for you to expain :)

BizIPEsq. :

First, one need to realize that the rights to trademarks (i.e. names used in commerce) are derived through usage not through registration

BizIPEsq. :

you have indicated that no one is using Dallas Daily Times

Customer:

yes

BizIPEsq. :

the short answer is that you should begin using is as soon as you can. However,

BizIPEsq. :

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)

BizIPEsq. :

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

BizIPEsq. :

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

BizIPEsq. :

(this is all high level legal theory just so you'll understand)

BizIPEsq. :

the botXXXXX XXXXXne for you is that:

BizIPEsq. :

1) you need to start using the name as soon as you can

BizIPEsq. :

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

BizIPEsq. :

3) once you qualify or when you have a bona fide intention to use the mark in interstate commerce file a federal trademark application

BizIPEsq. :

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...

BizIPEsq. :

typo: in 2) it was supposed to be "you should use the name in..."

Customer:

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?

BizIPEsq. :

correct

Customer:

tricky business...

BizIPEsq. :

it is...

BizIPEsq. :

it would help if you were a weekly and they were a daily for example though even then consumer confusion might be created

Customer:

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...

BizIPEsq. :

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

Customer:

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....

Customer:

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

Customer:

i meant www.Dallasdailytimes.com

BizIPEsq. :

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

BizIPEsq. :

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

Customer:

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?

BizIPEsq. :

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)

BizIPEsq. :

in conclusion, start low key interstate operations, register a trademark and then you'll be on a stronger legal footing

BizIPEsq. :

thanks for allowing me to assist you

Customer:

ok, thank you as well,

BizIPEsq. :

please rate my service. without your rating i do not get compensated for my work

Customer:

ok!!

BizIPEsq., Attorney
Satisfied Customers: 996
Experience: I am a tech attorney and I represent clients with technology, internet and intellectual property matters
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