Discussion:
What is the name of your state? Colorado
Okay I have been making handmade soap and bath products for a couple months now. I have recently decided to start putting it on the web to see if my sales would be increased any. I have a small business license in Colorado under my name Sassy Sudz. (I have always spelled it that way) I registered my domain name under sassysudz.com. Recently I received an email that said that I was in trademark violation of her name which is sassy suds. I had no idea her company even existed. Apparently another woman has a small business in California trademarked sassysuds.com
Do I have to change my name? And start all over with the business license, and everything? What happens to the registration of my domain name, since I still have 11 months left until that expires? Can I keep using my name until it does expire?
Here is the stuff from my hosting company, but I'm not too great with the technical jargon:
COPYRIGHT VIOLATIONS & INTELLECTUAL PROPERTY VIOLATIONS. You agree not to
engage in any activity that infringes or misappropriates the intellectual
property rights of others, including copyrights, trademarks, service marks,
trade secrets, software piracy, and patents held by individuals, corporations,
or other entities. Also, you agree to not engage in activity that violates
privacy, publicity, or other personal rights of others
Can someone please explain this to me, and maybe gove me a little advice on what I should do?
Thank you for your advice.
Answer:
"Recently I received an email that said that I was in trademark violation of her name which is sassy suds. I had no idea her company even existed. Apparently another woman has a small business in California trademarked sassysuds.com"
Does she have a trademark, or did she simply register the domain name? If she doesn't have a registered trademark (registered through the U.S. Patent and Trademark Office), you don't have anything to worry about unless she has an established business in Colorado -- and even then, maybe not. A state trademark in CA is not enforceable against a company in CO.
Registration of a domain name gives you no rights to the name, other than to use it as your domain name.
You can search for registered trademarks on the USPTO website at
If she does have a registered trademark, you STILL may not have to give the domain up, or change your compny's name -- but it would be a good time to go and talk with an attorney with experience in trademarks.
Again, do not confuse trademarks and domain names. A domain name gives you NO rights, except the right to use the comain name -- and you may even lose THAT right if you are infringing someone else's registered trademark. Check the USPTO website to see if she has a federally-registered trademark; you could also check with the CA secretary or state or chamber of commerce to see if she might have registered a trademark in CA. Only if the answers to either or both of these queries is "yes" is an attorney really necessary.