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Trademark question
04-16-2011, 12:32 AM
Post: #1
Trademark question
Hi,

I am having a small Windows application built and registered the domain "MapTap.Net" and hosted the site here on DH.

I announced the application on one of my other websites and received a message from somebody over on "MapTap.Com" asking me to choose another name.

I certainly am not looking for a legal fight but our products are very different. His is a commercial product for iPhone (and maybe other platforms related to geographical mapping software. Mine is a free application to install maps for a computer video game.

He has trademarked the name "MapTaP".

We do not live in the same country but since my site is hosted on DH, it's very likely DH servers are in the same country as his business.

So, here are my questions.

Can he force DH to close my site?
Do you feel that since the products and market are so different, I should be forced to change?

As I mentioned earlier, I don't want to fight with anybody but at the same time I don't want to be bullied into changing something that I have a right to keep.

TIA

Phillip
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04-16-2011, 05:43 AM
Post: #2
RE: Trademark question
Your best bet would ask DH support to get their official stance on this.

I will tell you though that trademarks are region specific. They even vary from state to state here. There can be two companies with the exact same name both with trademarks in their respective states selling different services. I would see what the process is in your country to register your trademark. Are you certain this guy has even gone through the process to register his trademark or is he just using scare tactics? Just to save you a hassle you should look into registering your trademark where you are to cover yourself if this guy tries to take legal action. It doesn't matter who was using the name first. For him to really be able to do anything adversely impacting you I am pretty sure he has to have registered his trademark in your region too.

Anyway you are both dealing with software programs but I doubt your site would cause brand confusion with his. Your site looks really nice btw. You might want to put on there just what computer games your program adds maps for or something. URLs are not specific to trademarks. You either snapped up a particular domain or you didn't. A URL simply points to wherever your website is. There would need to be some sort of legal action taken against you before your site would be taken down. I doubt they are just going to take some guy's word.

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