Re: Whose domain is that anyway?

From: Janet Attard <attard_at_businessknowhow.com>
Date: Tue 19 Nov 2002 12:21:12 -0600

> 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,
[snip]

> As the copywriter who came up with this name, I sent
> CreoImage the following explanation:

That was mistake number 1. *You* should never have answered that letter
yourself. Your client should have had an intellectual properties attorney
answer it. The attorney would look up their Trademark claims and determine
if it were worth fighting (IE: advise your client whether or not there was a
chance of winning it it went to court, and what it would cost to go to
court.) Then the attorney would send an appropriately worded note to the
other company outlining why your client's use of the term CLEO in their
domain name is not an infringement.


> (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

Just as an FYI, you've mixed two kinds of intellectual property here, and
language probably can't be copyrighted anyway. It's the use of language that
can be copyrighted (for original works of art or computer programming), and
terms, phrases and words that can be trademarked when used in commerce.


> (c) Since CreoImage creates business logo/slogans and ad
> concepts, the combination of 'creo' and 'image' not only
> accurately describes their field,

It doesn't matter one bit whether something accurately describes a business'
field. What matters, assuming the term isn't in common use for the
particular type of product or service, is who used it first in commerce, and
whether there is a strong likelihood, according to the law, the trademark
claims, etc. of confusion.

Oh.. and how much one is willing to spend to defend their right to use the
name.


> I've strongly recommended CreoImage to disregard Creo's
> demands.

Definitely a BAD thing to do. You should strongly recommend CreoImage hire
an intellectual properties attorney to look at the issue and advise them
whether they should give up the name or fight based on the possibility of
winning and the court costs and legal fees to fight.

--Janet Attard (attard_at_businessknowhow.com)
Business Know-How(r) - small business, career and self-employment resources
Providing content to the online world since 1988
http://www.businessknowhow.com







Received on Tue Nov 19 2002 - 12:21:12 CST