Q: Want to set up an enthusiasts website for a car brand. I have the .org website. They have .com. Can they take it off me
The website is not for profit. It will be clearly marked as independent and it will be full of news about the car brand: a brand I love.
A:
The brand owner (the company that owns the .com website) may be able to take legal action against you for using their trademark in your .org website, even if it is a non-profit enthusiast site. This falls under trademark infringement laws.
Some key points:
1. Trademarks protect brand names, logos, and other distinctive markers from unauthorized use that could cause consumer confusion about the source or affiliation of goods/services.
2. Using a trademark in a way that suggests an official affiliation when there is none can be considered infringement, even on a non-profit website.
3. Fair use exceptions exist for nominative use (using a trademark to refer to the actual product/company), parody, criticism, news reporting, etc. But enthusiast sites can still run into trouble.
4. The brand owner would have stronger grounds to take action if your site profits from merchandise, ads, etc. or if it contains inaccurate/defamatory content about the brand.
To minimize risk, you could take steps like:
- Clearly labeling it as an independent enthusiast site
- Avoiding using the brand's full name/logo in your domain
- Not selling any merchandise with their branding
- Sticking to news/factual commentary rather than subjective criticism
However, the brand may still choose to send a cease and desist order. If you receive one, you should consult a trademark attorney. Many enthusiast sites do operate, but it's wise to take precautions against infringement claims.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.