Intellectual Property Law
Intellectual Property Law Questions? Ask a Lawyer
Hello, I will be assisting you
Do you know if Da Lite has a trademark registered for the name?
I would say that they do since they have been in business for many years.
That's not always the case. Do they have a circle R next to their logo / name?
Yes they do.
in such case, under trademark law one is not permitted to use the name Da Lite in a manner that would cause confusion in the market place
you have indicated that your URL in fact causes such confusion
they may have been kind to you in asking you to voluntarily change your domain name because they could have filed a dispute with ICANN (the body that supervises domain names) and requested to take over your domain
The URL should not be a problem if we change the website name. Several other websites use dalitescreens.com for example.
other site may be using the name but that is up to the mark owner to decide who can use a name and who can't
Thank you for your help
Thank you for your help.
as noted that could easily file a dispute with ICANN and because they have the trademark they would be able to take over your domain without any compensation to you
BTW, one last point
if you do decided to change the URL ask them to help with the cost of redesign. No harm in asking
Sounds good. I am going to nicely ask them if I could keep the URL, change the company name. We are doing a lot of sales for them as their registered dealer. That is why they have not taken some of the action that you have mentioned.
you got the right attitude to resolve this
Thank you for your time!
you could ask them to keep the URL with a disclaimer that you are a dealer and not the company and a link back to them
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You got it!
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