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Topic: What is when a blogger has your name? Trademark problems  (Read 630 times)
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« on: August 06, 2006 01:57:34 PM »

Hi everyone,

I have started a craft business and picked a great name. Unfortunately, it was so great someone else thought of it and in the same week that I put in the trademark (months after I picked the name) she started a blog with the title. Now the trademark should be through shortly (it takes a while) and I have products ready for release (including the name/logo) and I own the dotcom, how should I approach this blogger?
She has a large following (as most craft blogs do) and Im sure therell be a "You stole her name!" backlash against me, even though that wasnt the case. Im worried she may start that herself and want to approach her in a nice way.
But how do I do that? if I own the trademark then I have to prevent her from using it or I lose rights to it dont I? But if I try and do that then I destroy my own business by ostracizing the customers I want.

Any bright ideas?


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« Reply #1 on: August 06, 2006 02:13:48 PM »

is there some wat to send her a message that other people cant read?? maybe she will be understanding

by the way whats the name?

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« Reply #2 on: August 06, 2006 02:55:26 PM »

I can email her directly, the problem is more what to say. Ill have to explain the full situation and hope she understands - but if she doesnt then Im, quite probably, screwed. And Id already invested quite a bit of time and money into the business before she created the blog -and thats money I cannot afford to lose.

For the moment, also, Id like to avoid mentioning the name. I think she should be told first by me and not by a third party in her comments.

Stitchalicious - funking up embroidery

Street art and Graffiti cross stitch patterns!
« Reply #3 on: August 07, 2006 11:52:00 AM »

when did you purchase the dotcom?
how long ago did the blog start?
Is the blogger selling crafts under this name?
have you been producing crafts under this name, or did you just intend to? (in which case i assume you filed an intent to use registration with the PTO)

All of those questions matter, if you're going to try to assert legal rights...

If she's only had the blog for a month, then she might be amenable to change. However, if its been a year, (especially if you've known about it for that long) convincing her might be more difficult (and it might give her a leg to stand on in challenging your trademark registration).

Before you start waving the law around, though, it might be best to just send a friendly toned email that says something like "wow, I own the URL that is the same as  your blog name, and since i paid for it and all, i was wondering if you'd be willing to change your name, or somehow make it clear that I am not sponsoring your blog?"  I wouldnt mention trademarks at first, b/c that can be offputting to some people. Just explain the time and money you've invested, and you will probably be able to work it out with her!


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