Recently, I launched a non-commercial website, snippets.su, for the benefit of people. However, I received a complaint letter regarding the name and the image displayed on my webpage.
The complainant claimed that the name, SNIPPETS, is their trademark, and they plan to use it for their upcoming site, SNIPPETS.ME. In response, I explained that my site's domain name is capitalized as SNIPPETS.SU, and I am willing to change the name if it causes any offense or legal issues.
However, the complainant insisted that I am violating their trademark rights, as they have registered the trademark for computer programs providing text management database under the number 009, with additional classes for services such as American 021, 023, 026, 036, 038.
They also provided a link to the US Patent agency website, which contains all the relevant dоcuments. As the domain was free when I registered it, I am unsure of how to proceed without causing legal issues or being forced to move my website.
It is possible that a court may not necessarily rule in your favor even though you are not breaking any federal laws.
The court may consider the existence of a service like snippets.me as evidence to support an ordinary common-law right to the use of certain words. Thus, the court would compare the similarities and differences between the two sites and assess if typical users can differentiate between them.
but, you still have a good chance of proving that there is no violation. They are just about to launch their site, while yours is already functioning, which implies that they are the ones violating customary law. Moreover, given that the target audience is programmers, it is unlikely that they will confuse the two sites.
The fact that you are not breaking federal law does not automatically mean that a hypothetical court would rule in your favor. The existence of a service like snippets.me may imply an ordinary common-law right to the word itself, which could lead the court to compare the two site details and determine if they are similar enough to cause confusion among typical users.
However, even in this scenario, you have a good chance of proving that there is no violation since the other site has not yet been launched and your site is already established. Moreover, the target audience of programmers is unlikely to confuse the two sites.
The use of a domain name solely for the purpose of identification on the internet does not make it an indicator of origin, but rather just a means of accessing a website. Similarly, when it comes to vehicles, the domain name functions only as an address where the site can be located and should not be regarded as an indicator of origin.
Essentially, as per copyright law, if you are not in competition with the owner of the domain name, you are entitled to use it freely. Since the domain name is descriptive, you also have the right to utilize it for your own purposes.
In situations like this, it is important to consider the potential legal implications and seek professional legal advice if necessary. Trademark disputes can be complex and the outcome depends on various factors, including the jurisdiction in which the trademarks are registered.
However, based on the information provided, it seems that the complainant has a registered trademark for the name "SNIPPETS" and claims that your use of a similar name may infringe on their trademark rights. It's worth noting that even though your domain name has a different country code top-level domain (ccTLD) and capitalization, it may still be considered similar enough to the complainant's trademark to cause confusion among consumers.
To navigate this situation, you could consider the following steps:
1. Review the relevant trademark dоcumentation: Visit the link provided by the complainant and carefully review the details of their trademark registration. Pay attention to the specific classes for which the trademark is registered and whether they cover the same or similar services as your website.
2. Consult a trademark attorney: Seek the advice of a qualified trademark attorney who can analyze the specifics of your case and provide guidance based on the applicable laws in your jurisdiction.
3. Consider negotiating a resolution: If it is determined that there could be a potential trademark infringement, you may want to consider reaching out to the complainant to discuss a possible resolution. This could involve changing your website's name to one that does not conflict with their trademark or exploring other possibilities that would satisfy both parties.
4. Assess the strength of the complainant's trademark: It's important to determine if the complainant's trademark is strong and distinctive. Factors such as the extent of use, reputation, and distinctiveness can impact the strength of a trademark. This analysis will help determine the level of protection the complainant may have and the likelihood of success in any legal action.
5. Evaluate potential defenses: Consult with a trademark attorney to explore potential defenses that may be available to you. For example, you could investigate whether your use of the name "SNIPPETS" falls under fair use, or if there are any other legitimate reasons why you should be allowed to continue using the name.
6. Consider rebranding options: If it appears that your website name does indeed infringe on the complainant's trademark rights, you may need to consider rebranding your website. This could involve selecting a new name that is not similar to any existing trademarks and updating your domain accordingly.
7. Review your website content: While addressing the trademark issue, it may also be prudent to review your website content for any potential infringement of copyright, design rights, or any other legal issues. Ensure that all aspects of your website, including images and text, are original or properly licensed.
"Snippets" is a widely used term in the tech community, and your attempt to monopolize it for a non-commercial site is questionable. Instead of fostering innovation, you're stifling it. I suggest focusing on your upcoming site rather than targeting small initiatives that contribute positively to the community.