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I own and I am wondering, In owning this name am I doing something wring? Because I think photopost is a TM? I am not sure haven't heard much from photopost but not sure? I use it for a free image hosting site witch is not like there site what do you think?..

Comments (8)

"haven't heard much" - How much is not much? Have they contacted you?..

Comment #1

Well check to see what classes of goods and services any trademark they might have covers and compare those to what you are doing. If you are doing something totally different (unlikely) then you have no problem. Then you need to ask yourself if your name is likely to confuse people. They might argue that it is, but I'd say no. Play fair. make sure you don't imitate them in any way and you'll likely have no problems...

Comment #2

Well the offer a image gallery script for sell I think, and is a free image hosting site so not really same or similar. They contacted me once saying something about it via email and I told them to send it to me via the mail or some say snail mail I think not sure but that was along time ago almost a year ago it seems and nothing from them every again. Oh I also told them I would have my laywer look over the mail they sent me over snail mail and get back to them and that was why I wanted them to send it via snail mail. But they never sent me anything and haven't heard back. I think they were just trying to test me and see if they could get my domain name for free lol and when they found out I had a lawyer the ran lol. But I don't have a lawyer but I would get one if they sent me mail to my house etc. But what do you all think?..

Comment #3

Doesn't matter.... if they have a trademark on photopost and you offer photo hosting for free while they have an image gallery script(similar)..

Comment #4

If it is infact a TM, then they will most likely be able to legally take control of your site. a good way to prevent that is to change the domain name or web address..

Comment #5

Legaly they canot take your site or domain unless you are using their script, or selling it or doing the same thing they are.

The sites do not have the same function and could not be confused.

You should check the TM and see the services they have TM'd under. They probably registered it as a web scripting company. Then you are safe as a image host.

If adding words would violate TM's then every short 1 would be able to take any name that is using their word in it. And that will not happen.

Also remember TM is not registered with anything, it's just 2 letters you use to represent you are doing bussiness with that logo/word(s). Only when you see the "R" icon is it a legal TM. And even then it only applies to 1 or a few fields of bussiness, not all...

Comment #6

I really think that the only way they can take your site unless your violeting their copyright laws and restrinctions but I think you could use it good luck.



Comment #7

I would try selling it to them, instead of giving it to them, if not then redirect it to a different site...

Comment #8

This question was taken from a support group/message board and re-posted here so others can learn from it.


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