Trademark Question

ccb056 · Post by **ccb056** » Tue Mar 01, 2005 5:01 pm

I own and operate my own website. I have an uncle that owns and operates a carpet cleaning company. Let's call this company ChemDry. ChemDry has several competitors, such as MagnaDry. If I link to my uncle's ChemDry website using the anchor text MagnaDry, can MagnaDry sue me or my uncle? Both the names MagnaDry and ChemDry are trademarked/copyrighted by two different corperations.

Testiculese · Post by **Testiculese** » Tue Mar 01, 2005 5:14 pm

So let's see..you are asking if you can use another company's name without their permission to fool people into clicking a link that points to a competitor's site?

Why..no, it's perfectly alright. I'm sure MagnaDry would love the idea.

While you're at it, why don't you sell operating systems, and use MS's logo in it?

Robo · Post by **Robo** » Tue Mar 01, 2005 5:34 pm

I think he's trying to say fool people into thinking they're going to buy something from the MagnaDry website when actually they are being sent to the ChemDry website. Probably not though, its 11:30pm and its been a long day

Would MagnaDry notice what you are up to? Or do you think they are stupid enough not to?

CDN_Merlin · Post by **CDN_Merlin** » Tue Mar 01, 2005 6:23 pm

I agree with Testi, whjat you are doing is illegal since you are falsely advertising you are one company.

How'd you like it if someone did this to you?

ccb056 · Post by **ccb056** » Tue Mar 01, 2005 6:25 pm

I am not falsely advertising, i linked to a webpage that had a white background, two lines of black text saying it was a test webpage.

Bold Deceiver · Post by **Bold Deceiver** » Tue Mar 01, 2005 8:42 pm

ccb056 wrote:I own and operate my own website. I have an uncle that owns and operates a carpet cleaning company. Let's call this company ChemDry. ChemDry has several competitors, such as MagnaDry. If I link to my uncle's ChemDry website using the anchor text MagnaDry, can MagnaDry sue me or my uncle? Both the names MagnaDry and ChemDry are trademarked/copyrighted by two different corperations.

Disclaimer: I am not your lawyer. The following is not legal advice. I have no idea where you live, and the chances are 25-1 that I am not even licensed to give advice to you in your state. This is not legal advice -- this is legal information.

If I represented MagnaDry, I would sue you, your uncle, and your dog. And your Mom, for good measure.

BD

ccb056 · Post by **ccb056** » Tue Mar 01, 2005 8:44 pm

Ok, could I place the text: "Chem Dry" or "Magna Dry" anywhere on my website provided they were not links?

Bold Deceiver · Post by **Bold Deceiver** » Tue Mar 01, 2005 8:52 pm

ccb056 wrote:Ok, could I place the text: "Chem Dry" or "Magna Dry" anywhere on my website provided they were not links?

You should consult an attorney who specializes in intellectual property. But right off the bat, it occurs to me the reason you might be doing this is to attract hits to your website by posting the name of MagnaDry.

Even if that's not your intention, you are necessarily diverting hits from any MagnaDry website that might be floating around out there. Again, I don't have any idea about how the law works in this area, but I think that MagnaDry would have the right to pursue you for trademark infringement on that basis -- because you are diverting potential customers to your own site.

The question that come up, is why you want to do this in the first place. I recommend you consider your own answer to this question (without posting it), and then decide whether you think it's the right thing to do -- based on your own answer. Or consult an IP lawyer.

BD

ccb056 · Post by **ccb056** » Tue Mar 01, 2005 9:03 pm

Let me be blunt, I can get any webpage to be number 1 in google for the term "Magna Dry", this could be my own personal website, a Magna Dry website, or a Chem Dry website. Money is a motive, and either Chem Dry or Manga Dry can supply this.

Lothar · Post by **Lothar** » Wed Mar 02, 2005 12:23 am

ccb056 wrote:If I link to my uncle's ChemDry website using the anchor text MagnaDry, can MagnaDry sue me or my uncle?

I don't think they can, as long as you're not under some sort of contract with them.

From what I understand, you can link to any website (from your own) using any text you so choose. You can link to my website with the text "loser" if you want. You can link to microsoftsucks.com using the text "microsoft". You can link to some porn site using the text "disney". Nobody can sue you for it, as long as you're not messing with *their* website, or under contract to link to their website.

I don't think there's any grounds to sue. I just can't see what law could be invoked...

woodchip · Post by **woodchip** » Wed Mar 02, 2005 5:44 am

So how is it different from what ccb wants to do and going down to Magnadry's physical storefront and hold a Chemdry sign up so passerby's see it? Or say sharing a billboard sign? Or having a phone number that you could spell Magnadry from it?
Don't mind me, it's early and I have had no coffee yet.

ccb056 · Post by **ccb056** » Wed Mar 02, 2005 6:48 am

What I am doing is different because I am doing it on my own property, not someone else's. I'm not going to Chem Dry and Holding up a Magna Dry sign, im standing in my yard with a Magna Dry sign pointing to Chem Dry.

woodchip · Post by **woodchip** » Wed Mar 02, 2005 7:09 am

Actually my examples show non-illegal practises.

Robo · Post by **Robo** » Wed Mar 02, 2005 10:30 am

ccb056 wrote:What I am doing is different because I am doing it on my own property, not someone else's. I'm not going to Chem Dry and Holding up a Magna Dry sign, im standing in my yard with a Magna Dry sign pointing to Chem Dry.

Thats exactly what I meant..

ccb056 · Post by **ccb056** » Wed Mar 02, 2005 11:03 am

not exactly, you said i was fooling people into buying stuff from chem dry because they thought it was magna dry, when they goto the chem dry website, it clearly states that it is chem dry

Foil · Post by **Foil** » Wed Mar 02, 2005 12:09 pm

However the details work out, what you're proposing involves using the trademarked "MagnaDry" name.

I'm no legal expert, but I believe the fact that you or your uncle would be deriving profit (or additional business) from the usage of a trademarked name without permission would be more than sufficient grounds for a lawsuit.

Granted, it might be a bit different if you're not using their exact trademark (i.e. you advertise with "MagnetDry", which bears only a resemblance to the name), but that might open up other legal issues.

If I owned MagnaDry, and you used my trademark in your site, or diverted business away from me using deceptive measures, or even just bumped my site out of #1 on Google by using my trademark without permission, you'd better believe I'd take legal action!

Bottom line: get a lawyer or some good expert legal advice. There may be someone here who is knowledgeable about the subject, but you need some very specific help if you go ahead with this.

DCrazy · Post by **DCrazy** » Wed Mar 02, 2005 12:24 pm

This is definitely not kosher. Doesn't fall under fair use.

ccb056 · Post by **ccb056** » Wed Mar 02, 2005 12:33 pm

what if I use the following code:

Code: Select all

The following link is not to a <a href="http://www.chemdry.com">Magna Dry</a> website, but rather a Chem Dry website.

With that disclaimer, could I get by with it?

Pun · Post by **Pun** » Wed Mar 02, 2005 12:53 pm

Personally, I think all this discussion is a moot point because advertising a small carpet cleaning business on the internet isn't going to get you near the amount of business that a single well-worded yellow pages ad would get you. And who's to say Magna-Dry is better than Chem-Dry anyway? I have three young kids and we're constantly getting the carpets done. I use my local Chem-Dry guy that I found in the PHONE BOOK.

On a side note, for those of you that are using the old style steam-cleaning guys to get your carpets done, you should really try the "Chem-Dry" process. Your rugs dry up really fast and the stain removal power of this process is just absolutely amazing.

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