trademark question

[mskdhero]

I have a domain with the name "wendys" in it. I spent the better part of this week brainstorming for it and funny enough while I was at the drive through of wendy's I realized they may have a trademark on the name. Can they possibly decide to send a cease & desist even if its a "personal" website?

edit: the site has nothing to do with fast food

[pam]

Your best bet is to talk with an attorney.

You should also look up the trademark and see what the mark is on .... just be sure you don't have any logos from Wendy's or hamburgers on your site lol

[Head Boy]

If it's a possesive description and nothing to do with fast food or restaurants, then you should be OK.

Here's an old case where somebody tried to rip off Wendy's and got a slap -
http://www.ustrademarklawyer.com/WendysCyberpirate.htm

You'll see that they have trademarks related to fast food and restaurants.

[Toker]

Originally Posted by mskdhero

I have a domain with the name "wendys" in it. I spent the better part of this week brainstorming for it and funny enough while I was at the drive through of wendy's I realized they may have a trademark on the name. Can they possibly decide to send a cease & desist even if its a "personal" website?

edit: the site has nothing to do with fast food

You came to the right place to ask a TM question..
You'd be no different than sites like wendyknits.net,
wendyswhimsies.com, wendystreasures.com, wendysweb.com,
wickedwendys.com, wendys.net, wendyvosters.com,
wendyswebcreations.com, wendy.net/
Check out http://www.wickedwendys.com/

I'm surprised anyone can name their daughter Wendy!
I'm also surprised Netpond is still up, a soap called Ponds is TMed
and that has pond in it..
Take some good advice and ask on another board before you
don't know which way is up..
I'm surprised anyone can name their daughter Wendy!
I'm also surprised Netpond is still up, a soap called Ponds is TMed
and that has pond in it..
Take some good advice and ask on another board before you
don't know which way is up..

As long as your domain or site wouldn't cause confusion or you
tried to sell them the sonamed domain you're in the clear.
[/quote]

[Head Boy]

What's brought on this attack on Netpond Toker?
or maybe you were suggesting that he asked on the newbies board here.

I'd hoped that Netpond could be a place where one could get better advice that just to shove your money down some incompetent and greedy american lawyer's toilet.

[Toker]

Originally Posted by Head Boy

What's brought on this attack on Netpond Toker?
or maybe you were suggesting that he asked on the newbies board here.

I'd hoped that Netpond could be a place where one could get better advice that just to shove your money down some incompetent and greedy american lawyer's toilet.

That's the point, when it comes to TMs can you truthfully tell me who
here can give advice on what to use and not use?
I can understand your part, ya don't want to tell anyone something
that mignt come back on Netpond.
I've been doing this for quite a few years and don't know anyone
with an IQ over 75 who's ever had to shove any money down a
lawyers throat.
But taking things out of context just makes everyone scared to reg
any domain.
This is no attack on Netpond, you're right tho I still have a hair in my
ass about TMs over my thread on them getting turned completely around.

But People in this Biz like any Biz should have some common sense and
not be stupid about things.

Someday go to ICANN and read their page on TM'ed Domains.
Meanwhile I'll stay out of TM threads, what do I know anyway????

I do know trying to help anyone is a waste of time, someone is always
going to have a different thought on anything I say.

When you're buying Domains as an investment wouldn't it be nice to
have any idea what kind people are clicking on the most in SE'S??
I could tell ya right now but someone would put their 2 cents in
and say it's something else and they know that for sure!

And how do I know?
Because I have almost 2,000 domains Parked
that have Yahoo ad links and all I have to is check the stats.

By the way the top 5 for traffic are Trojan-Warrior.com, MailGarage.com,
RadioSuperstore.com, BasicNutrition.us, Web-Pharmacy.us.

[Head Boy]

It's a real pity that people confuse discussion and opinions with advice.

As I've pointed out frequently, 50% of lawyers lose their cases. They also get paid even when they lose cases, so they have a vested interest in most of these situations.
I've got domains that included trade marks, and haven't yet had a problem. My problems have been with domains without trademarks in fact.

I think that domain owners have a moral responsibity to use their names wisely and with respect however. If you're going to exploit someone's name. then you should use it for their benefit - for example names like Raven-Riley.com should be used for Raven Riley and Jayman Cash.

However, I'll happily make exceptions for companies that I consider to be name thieves. Microsoft for example, who copied the windows concept and the name, and then try to hammer people into submission to accept their stolen and assumed rights.

[Toker]

Originally Posted by Head Boy

It's a real pity that people confuse discussion and opinions with advice.

As I've pointed out frequently, 50% of lawyers lose their cases. They also get paid even when they lose cases, so they have a vested interest in most of these situations.
I've got domains that included trade marks, and haven't yet had a problem. My problems have been with domains without trademarks in fact.

I think that domain owners have a moral responsibity to use their names wisely and with respect however. If you're going to exploit someone's name. then you should use it for their benefit - for example names like Raven-Riley.com should be used for Raven Riley and Jayman Cash.

However, I'll happily make exceptions for companies that I consider to be name thieves. Microsoft for example, who copied the windows concept and the name, and then try to hammer people into submission to accept their stolen and assumed rights.

You're right, prob is too many people confuse discussion and
opinions with advice.
Then comes the question WHO should I pay attention to?

[Head Boy]

That's easy, you pay attention to the one with the correct opinion.

[lyno]

Originally Posted by Toker

You're right, prob is too many people confuse discussion and
opinions with advice.
Then comes the question WHO should I pay attention to?

Simply, in the end it is YOUR decision
Even if you consult and pay a lawyer... he is no almightily,
inerrable god. In the end YOU decide if you accept his advice.
Same goes for advise on boards, wikipedia or anywhere else.

[Toker]

Originally Posted by lyno

Simply, in the end it is YOUR decision
Even if you consult and pay a lawyer... he is no almightily,
inerrable god. In the end YOU decide if you accept his advice.
Same goes for advise on boards, wikipedia or anywhere else.

Oh I do, what I use for advice is over 10 years on the net in the
Adult and Domain Bizzz and common sense..........

[Toker]

Originally Posted by Head Boy

That's easy, you pay attention to the one with the correct opinion.

Do you think her opinion is correct??

[Head Boy]

We need to bring back the days when "correct" meant a code of social behaviour.