copywrite law & domain name Question - DNForum - Domain Sales, Domain Forum, Domain Appraisals, Domain Registrars

**stock_post** · 02-27-2008, 02:17 PM

copywrite law - Can I use a page title that is = some .com name without the .com?

Say for example

www. AdSense Alternatives .com is my site

Can I claim I have the copywirte if some one use on
"AdSense Alternatives" as page title?

As far as I know unless I have a TM, I do not have any right to ask them to change their page title - is this correct?

**BELLC1** · 02-27-2008, 03:21 PM

I'm not an attorney, but I don't believe you can copyright a title.

**stock_post** · 02-27-2008, 04:38 PM

Any other suggestions please.
Some one is sending email that she is going to take legal action.
Saying my Page title on one of my pages is same as her .com name.

And she do not own a TM on that.

**LizzeyDripping** · 02-29-2008, 10:03 AM

Hi

You clearly need professional legal advice.

I am not a copyright expert but yes there is the possibility that copyright exists in the name.

How on earth do you know there is no trade mark? You searched the trade mark register of every country in the world? You must have a lot of cash. You know for certain the person in question has no common law rights in the name? You will note that it is a tenet of the UDRP that the domain name extension does not materially affect the trade mark - i.e. xxx.com and xxx.net are not held to be different by virtue of what is after the DOT so why would you think that simply removing the .com from a potential trade mark makes it different?

No offence - but your assumptions could get you in trouble here. If you've been contacted already, take advice from a professional.

**DNQuest.com** · 02-29-2008, 03:48 PM

add:

trademarks do not have to be registered to be afforded protection.

**boz** · 03-06-2008, 10:21 AM

Quote:

Originally Posted by stock_post

Any other suggestions please.
Some one is sending email that she is going to take legal action.
Saying my Page title on one of my pages is same as her .com name.

And she do not own a TM on that.

What is the page title? This would clarify matters.

**Restecpa** · 03-06-2008, 11:35 AM

I believe it all depends on its use. Let's say your page title says "Coca Cola". This should be OK, as long as you are writing about Coca Cola as a third party, making no claims over their name or their trademark. Now if you were to claim that you actually ARE the Coca Cola company or in any way or form representing them, then you would be in trouble.

Coca Cola example is just one of many possible scenarios, not even the best one I guess, but I believe you get my point.

Basically what I'm trying to say is, without knowing the title and checking out the website in question and how the title itself correlates to it, we really have no way to know whether you're infringing on someones possible copyright or not.