How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask BizIPEsq. Your Own Question

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
73280834
Type Your Intellectual Property Law Question Here...
BizIPEsq. is online now
A new question is answered every 9 seconds

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

Resolved Question:

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

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!

BizIPEsq., Attorney
Satisfied Customers: 996
Experience: I am a tech attorney and I represent clients with technology, internet and intellectual property matters
BizIPEsq. and other Intellectual Property Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Alex Reese

    Lawyer

    Satisfied Customers:

    2757
    Experienced in intellectual property law
< Last | Next >
  • http://ww2.justanswer.com/uploads/sosolid007/2010-08-05_070536_Suitpic.jpg Alex Reese's Avatar

    Alex Reese

    Lawyer

    Satisfied Customers:

    2757
    Experienced in intellectual property law
  • http://ww2.justanswer.com/uploads/scottymacesq/2009-6-10_221523_small.jpg Robert McEwen, Esq.'s Avatar

    Robert McEwen, Esq.

    Lawyer

    Satisfied Customers:

    557
    Licensed Texas General Practice Attorney
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    528
    I assist my clients with IP questions that arise in their daily course of doing business.
  • http://ww2.justanswer.com/uploads/tswartz123/2010-02-08_225658_Tommy.jpg Thomas Swartz's Avatar

    Thomas Swartz

    Lawyer

    Satisfied Customers:

    409
    Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
  • http://ww2.justanswer.com/uploads/personwilt/2010-1-10_164828_person1.jpg Wilton A. Person's Avatar

    Wilton A. Person

    Lawyer

    Satisfied Customers:

    352
    MBA, Experienced and Knowledgeable in Intellectual Property Law
  • http://ww2.justanswer.com/uploads/BA/bart0358/2012-1-23_232424_1056.64x64.JPG BartEsq's Avatar

    BartEsq

    Researcher

    Satisfied Customers:

    192
    Juris Doctor
  • http://ww2.justanswer.com/uploads/IP/ipesq/2012-1-9_164431_RetouchPortraitHighResCopy.64x64.jpg ipesq's Avatar

    ipesq

    Lawyer

    Satisfied Customers:

    134
    Specializing in patent prosecution, trademark and copyright registration/enforcement.
 
 
 

Related Intellectual Property Law Questions

Chat Now With An IP Lawyer
BizIPEsq.
BizIPEsq.
379 Satisfied Customers
I am a tech attorney and I represent clients with technology, internet and intellectual property matters