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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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Hello, we have a small business website and was contacted from

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Hello, we have a small business website and was contacted from our Manufacturer that we are currently a dealer for buying Projector Screens. Some people were complaining that they were mistaking our website for the Manufacturer. A representative from the Manufacturer is telling me that they are going to issue a “cease and desist” asking me to change my name and URL. The Manufacturer company name is “Da-Lite Screen Company” and my website is “Da-Lite Screen Store”. Their URL is www.da-lite.com and my URL is www.da-litescreenstore.com several other websites are using the Da-Lite name in their URL. We are willing to change our name. If we change our URL it will cause a lot of expense to create a brand new website. We do have to tread carefully since Da-Lite could easily eliminate our dealers account. Does this URL look like an infringement? Our website looks nothing like their website and it sells other manufactures products.

BizIPEsq. :

Hello, I will be assisting you

BizIPEsq. :

Do you know if Da Lite has a trademark registered for the name?

Customer:

I would say that they do since they have been in business for many years.

BizIPEsq. :

That's not always the case. Do they have a circle R next to their logo / name?

Customer:

Yes they do.

BizIPEsq. :

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

BizIPEsq. :

you have indicated that your URL in fact causes such confusion

BizIPEsq. :

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

Customer:

The URL should not be a problem if we change the website name. Several other websites use dalitescreens.com for example.

BizIPEsq. :

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

Customer:

Thank you for your help

Customer:

Thank you for your help.

BizIPEsq. :

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

BizIPEsq. :

BTW, one last point

BizIPEsq. :

if you do decided to change the URL ask them to help with the cost of redesign. No harm in asking

Customer:

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.

BizIPEsq. :

you got the right attitude to resolve this

Customer:

Thank you for your time!

BizIPEsq. :

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

BizIPEsq. :

you're welcome

BizIPEsq. :

Please rate my service. Without your rating I do not get compensated

Customer:

You got it!

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