Whose domain is that anyway?

From: Eddie Solomon <webmaster_at_ediwriter.com>
Date: Mon 18 Nov 2002 17:05:56 -0600

A few months ago I've received an online order --- to come
up with a new domain name for a renowned SF business/
corporate logo creation company.

After a few days of intense work I've come up with
CreoImage.
They accepted it and immediately bought the domain.
A while ago CreoImage received an email from the Canadian
"Creo" company. Creo's lawyer sent the following email:

--------
Our client is a supplier of computer-to-plate and digital
prepress software systems, and has been using the name
and mark CREO to identify its business. ...It is clear that
creoimage name is confusingly similar to the CREO name...
and that your holding of this domain is likely to cause
confusion,
mistake, or deception on the part of consumers. Any use you
make of this domain name will constitute an act of trademark
infringement and unfair competition, and may also constitute
an act of false designation and trademark dilution. To avoid
litigation, you must:
-terminate any and all use of the domain name Creoimage
whether on the Internet or otherwise;
- cooperate with us to immediately transfer the domain name
to our client
- refrain from the use of any name or mark including "CREO"
--------------

As the copywriter who came up with this name, I sent
CreoImage the following explanation:
(a) CreoImage is an online ad agency, it has nothing to do
with Creo's computer-to-plate and digital prepress software
systems
(b) Creo is a Latin word which means 'to create'. Unless
Creo
trademarked the copyrights for the Latin language, there's
no
reason not to use any relevant combination of this word
(c) Since CreoImage creates business logo/slogans and ad
concepts, the combination of 'creo' and 'image' not only
accurately describes their field, but also has nothing to do
with
Creo's field.
I've strongly recommended CreoImage to disregard Creo's
demands.

I'd like to have your opinions on this case.

Thanks,
Eddie

____________________________
Eddie S.
webmaster_at_ediwriter.com
http://www.ediwriter.com
Creative Copywriting Services
The Strongest Survive, But The Best Succeed




Received on Mon Nov 18 2002 - 17:05:56 CST