trademarks/copywright

[Cheapprices4u]

just a question for you all

if you see a site name you like

eg actinic.co.uk
and you came up with a variation on the name

actinicstuff.co.uk

is that infringing anything?


cheers

[Darren B]

Its a good question

I do remember a shop locally that used to be called "Not Arrods" now i know he was threatened with court action but i dont know what the out come ever was, obviously harrods objected but they had used the same font aswell so who knows.

But i guess if your using something like actinic stuff, then surely you are seeking to use the original trade mark "actinic" but then what do i know

D

[jont]

If the word is trademarked then you are not able to use it even when part of something else. This is particularly the case with strong names and brands eg Actinic .. where it only has association with ecommerce software.

[jont]

I design for someone who has a site name as a spin on a well known budget airline company who has had lots of wranglings but has held out as it was sufficiently different in terms of spelling and field of operation for it to be upheld.

[RuralWeb]

Funny you should use Actinic as an example - I have just found this site http://www.actinic-seo.co.uk/ which does not give any contact details but does talk b****cks about how to do SEO.

Wonder if Actinic know about it using thier name

[NormanRouxel]

Chris (Barling) has already posted on this. The gist is that Actinic (which is a dictionary word) is their trademark for the purposes of e-commerce and is protected for that purpose.

Someone using the term "Actinic" for a non e-commerce reason - e.g. manufacturing welding goggles, sun-protection clothing, etc, would be using the term for a completely different purpose and would be unlikely to fall foun of the Actinic we love.

I see that actinicstuff.co.uk is a lapsed domain name registered in 2005 to a James McNeil of Lateral Thought E-commerce.

[Mark H]

I wonder how they ever thought of using the name Actinic, which is a dictionary word and is primarliy associated with skin disease?

[RuralWeb]

is primarliy associated with skin disease?

Ive often wondered about that as well!

[Cheapprices4u]

i wasnt actually saying actinic stuff, just curious

as you see names as you surf and think mmmm nice but maybe i could "tweak" it

cheers chaps interesting discussion so far

[Buzby]

We have a supplier which is a brand name that has a dozen or so websites trading directly with its name and using its company logo. In fact when we approached the company about taking their products on we actually e-mailed one of these sites as it certainly took us in.

As a result our supplier has now issued a 3 page list of compliance in order to stamp this out. Existing cloned names can continue to trade with the brand name but any new website using any play on their brand name will lose the account and face possible action.

Although we never used any brand name on our website and complied in every way, they are now coming down heavy on everyone and insisting on ridiculous changes to be made in order to keep the account.

One change that they are insisting upon is that on every page selling their product they insist on wording such "This website is an independent stockist of ************ and is not operated by *************"

We are not happy with the changes being forced upon us as they will effect many aspects of the website and the way we operate. We have negotiated an extended deadline of January for all changes to be made although our intention is to get through Christmas and then drop the account as we feel it is coming to a natural end.

It is ironic that the the very sites that have deceived the public in to thinking they are dealing direct can continue to trade and websites like ours are forced to comply with changes that relinquish design and daily operations to the supplier.

I myself would not purchase from any company called Actinic Stuff or similar as these companies obviously can't stand alone with their own name and set out to deceive. I am now seeing the effects that these companies can cause within a sector.

Just my (certainly biased) view.

Regards

Jason

[parklifeclothes]

There does seem to be a lot of mainly new/ish start up's doing this trying to make a quick buck out of a brand/product that is the 'in' thing. One of our suppliers has just had an battle with a new startup that were calling themselves the suppliers name twice i.e actinicactinic.com thankfully the supplier declined to deal with the them. Another problem is that many suppliers bar their legitimate stockists from selling on ebay and when you look on ebay there are so many 'back bedroom' type traders openly trading and using names so close to the suppliers brands it's unreal.

[RuralWeb]

Part of the problem is that manufactures/trademark holders do not protect themselves. I do a far bit of trademark work and I often see a reluctance for businesss - especially startups to buy all the available combinations of thier domain name. They see it as an expence rather than a business advantage.

[NormanRouxel]

is primarliy associated with skin disease

As I understand it, "Actinic" is a type of light that's capable of causing something to happen. "Of or relating to the chemically active rays of the electromagnetic spectrum" seems a good definition.

[Jan]

As I understand it, "Actinic" is a type of light that's capable of causing something to happen. "Of or relating to the chemically active rays of the electromagnetic spectrum" seems a good definition.

and it starts with the letter a .... I believe that had something to do with it.

You have to have permission from Actinic to use Actinic on your eCommerce related website. I don't know what the rules are generally for trademarks.

Regards,

[RuralWeb]

You have to have permission from Actinic to use Actinic on your eCommerce related website

If I were them I would take issue with a website using thier name in its domain name especially as it critisises Actinics ability in terms of SEO - and obviously offers to solve the non existant problem. Just my opinion obviously - not being a rude person