QUESTION

In California, is it legal to own a website/company that is similar to a person/university name (e.g. hillaryclintpn, stanfordrone)?

Asked on Jun 21st, 2018 on Intellectual Property - California
More details to this question:
This applies for the company's name, its URL, and the name displayed on the website.
Report Abuse

1 ANSWER

Business Litigation Attorney serving Oakland, CA
Partner at Bay Oak Law
3 Awards
There are overlapping considerations. First, using a name that is confusingly similar to a senior (i.e., first in time) mark is considered trademark infringement. If it causes a reasonable consumer to believe that it is connected to or sponsored by the owner of the senior mark, a court would like strike it down. The two examples that you cite, by themselves, would probably earn a very quick cease-and-desist letter, and if action isn't taken, a lawsuit. However, if you were to use a mark in a way that makes it plain that the senior user does not support you (e.g., stanfordsucks.com), that would be considered "nominative" fair use, and would be allowed. There are also unfair competition laws that would prevent the usages you propose. I advise my clients to stay away from using other marks, because it inevitably weakens your own mark. Choose something that sticks in the mind of a consumer, without referring to others.
Answered on Jun 23rd, 2018 at 2:09 PM

This answer does not mean I am your lawyer. No attorney-client relationship exists. This response is for general information only.

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters