Intellectual Property Law

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TheUltimateServiceMachine.com I recently purchased this URL…

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TheUltimateServiceMachine.com I recently purchased this...
TheUltimateServiceMachine.com I recently purchased this URL with plans of bringing it to life as a site to educate current and future owners of the cost of BMW ownership. The site may include a forum, petition creation tools, and information regarding
service costs of specific models (which would be culled from surveys). The URL is a mock of the BMW tag line, The Ultimate Driving Machine, and was born out of my own frustrations with the amount of service my vehicle has needed. I'm not worried about the
content of the site, but I wonder about the URL. Within the realm of IP law, is there reason for concern? If the site became big enough I suppose I might receive a cease and desist from BMW. Would I have a leg to stand on if I opted to fight that? Is there
any precedence with this sort of thing? Thank you, Rick
Submitted: 3 years ago.Category: Intellectual Property Law
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Answered in 15 hours by:
7/3/2015
IP Lawyer: JD 1992, Lawyer replied 3 years ago
JD 1992
JD 1992, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 34,389
Experience: 18 years experience
Verified
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. I noticed your question had been online for a long time with no response. I'm glad to discuss the matter with you but you ask "is there any precedence with this sort of thing" and to answer that would require case law research which is incredibly expensive and would cost several hundred dollars in legal database costs alone, not including the hour or two of research time. If you want to discuss that and would be satisfied with removing that part of the question I'd be glad to try and help you but if you still want "precedents" then I would need to opt out and open the question back up.
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Customer reply replied 3 years ago
Hi Dwayne,That's fine. Please remove the question about precedents.Thanks,
Rick
IP Lawyer: JD 1992, Lawyer replied 3 years ago
Great. I think you're likely to be safe with that name, so long as you don't use any of the BMW emblems or trademarks without permission or anything that would lead people to believe you're actually affiliated with BMW. In fact, a statement on the website that you're not affiliated with them would be a good idea.
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IP Lawyer: JD 1992, Lawyer replied 3 years ago
Your name isn't close enough to cause a "dilution" of their trademark and would be more likely understood as a satire or parody which is an exception anyway.
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IP Lawyer: JD 1992, Lawyer replied 3 years ago
While BMW may at some point send you a letter, I don't think it will even come to that and I'm reasonably certain they wouldn't push it any further than that because they really don't have much to stand on.
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