1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

Question about Cease and Desist

Discussion in 'BlackHat Lounge' started by Adrian79, Jun 12, 2014.

  1. Adrian79

    Adrian79 Junior Member

    Joined:
    Apr 21, 2013
    Messages:
    136
    Likes Received:
    47
    I have not received a cease & desist letter but I'm starting a biz. The domain I want to use is (example) "RestaurantU" (one word).

    There is a well known company that has a trademark for "Restaurant U" (two words).

    I would think in this scenario it would only be a matter of time before I would get a cease and desist letter.

    Questions:

    1. If I changed the name to "RestaurantYou" do you believe this would get me in the clear OR because the pronunciation would be the same... "Restaurant U" sounds the same as "RestaurantYou" would I still potentially run in to problems?

    2. If I did roll with RestaurantU or RestaurantYou what's the worst that could happen? Could they demand damages or would I just get a cease & desist telling me to stop using the name at which point I could just forward the domain to a new domain. (Example forward RestaurantU.com to RestuarantBob.com).


    Thanks, Adrian
     
  2. jeremonster

    jeremonster Regular Member

    Joined:
    Oct 27, 2010
    Messages:
    212
    Likes Received:
    61
    Location:
    American in Ukraine
    You would have a case if you changed it to "RestaurantYou", but the one thing a judge would take in to consideration is that they have already contacted you and there is some gray ground between "U" and "YOU". If you are starting a local business and are not in direct competition with the "Restaurant U" business you should be fine. But if your market crosses with their market in any way I would advise a name change.
     
  3. Adrian79

    Adrian79 Junior Member

    Joined:
    Apr 21, 2013
    Messages:
    136
    Likes Received:
    47
    They haven't contacted me yet. The easiest change for me to make would be me to change "U" to "You".

    These trademarks are so confusing because it's essentially 2 generic terms put together ("Restaurant" and "U" or "You")
     
  4. Ht0izz0

    Ht0izz0 Newbie

    Joined:
    Aug 31, 2014
    Messages:
    19
    Likes Received:
    3
    Not sure what you ended up doing but I just looked through the USPTO TESS system and do not see any trademarks for "Restaurants U" are you sure that they have a legitimate trademark claim?
     
  5. QueenOfHearts

    QueenOfHearts Registered Member

    Joined:
    Jul 31, 2014
    Messages:
    94
    Likes Received:
    77
    OP was just using that as an example.
     
  6. gordop

    gordop Registered Member

    Joined:
    Mar 30, 2013
    Messages:
    61
    Likes Received:
    19
    Occupation:
    Part-time web developer
    Location:
    San Jose, CA
    I totally agree with this comment. It's all going to depend on whether there is a "likelihood of confusion" which is based on several factors. If you are doing something totally distinct, then you should be ok. But if you are still marketing in line with what the original company does, then you are probably looking for trouble. Most big companies have people that constantly search out possible infringement. It would be easy for them to find you with the example given. Aside from federal laws, some state laws give companies alot of leeway in suing. Either way, if you try it and get a cease and desist and you do stop the activity then nothing should come of it.
     
  7. Jared255

    Jared255 Jr. Executive VIP Jr. VIP Premium Member

    Joined:
    May 10, 2009
    Messages:
    1,907
    Likes Received:
    1,662
    Location:
    Boston, MA
    How much money is that site making you? Is RestaurantU a big company? If they are, and they decide to come after you, they will do it either way. RestaurantYou won't protect You (heh) from legal problems. You could always build the site, let it ride, and take it down if you get a C&D, but actually fighting it would be an uphill battle.
     
  8. Ht0izz0

    Ht0izz0 Newbie

    Joined:
    Aug 31, 2014
    Messages:
    19
    Likes Received:
    3
    Palm to forehead.