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Tiffany Burke What happens when another blog says your name is infringing on their trademark? Some friends of mine have been asked to change their blog name because a larger blog claims it infringes on their trademark filings. The catch is that the "infringing" part of the name is a fairly commonly used phrase. For a little more information, you can read my blog post here: http://www.tzurin.net/?p=427 I personally feel like the larger blog is trying to bully them, but I'm not sure.

100 weeks ago from Blogging Ideas

Andrea V. Lewis: Wow! This is the first time I've heard of anything of the sorts? I've never thought that the blogging community could be so, so antagonistic. I ...MoreWow! This is the first time I've heard of anything of the sorts? I've never thought that the blogging community could be so, so antagonistic. I know there are some non-profits organizations out there that help bloggers, I'm sure they'll have some guidance to offer. Good luck to your friend(s)!
100 weeks ago
Sean Cook: Hi Tiffany, I posted a comment on your blog. If this happened to me, I'd call their bluff, and ask them to have their attorney contact my ...MoreHi Tiffany, I posted a comment on your blog. If this happened to me, I'd call their bluff, and ask them to have their attorney contact my attorney. Then I would file a protest to their trademark or service mark application and argue that they do not have as clear a claim as they think they do. If they followed through and it looked like I was going to lose, I'd have my attorney sit down with me to figure out my price for an out-of-court settlement, and then I'd re-name my blog.
100 weeks ago
paulmacp: I think they are full of themselves (but I am not a lawyer). I doubt very much they have any legal standing on the phrase "cool beans". Just doing ...MoreI think they are full of themselves (but I am not a lawyer). I doubt very much they have any legal standing on the phrase "cool beans". Just doing a google search produced pages of references that where not to any blog mentioned by you.

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From wikipedia (http://en.wikipedia.org/wiki/Trademark):

The owner of a registered trademark may commence legal proceedings for trademark infringement to prevent unauthorized use of that trademark. However, registration is not required. The owner of a common law trademark may also file suit, but an unregistered mark may be protectable only within the geographical area within which it has been used or in geographical areas into which it may be reasonably expected to expand.

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Since the geographical area we are refering too is the "Internet" , I think they are playing legal roulet hoping your friendd do not know their own rights. They can also not selectively go after one party in particular . Unless they are seeking legal action against all infirngers they can not seek legal action against any.

coolbeans.com
coolbeansdesigns.com
coolbeanscoffeeroasters.com
coolbeanscool.blogspot.com
catrinaiscoolbeans.com
coolbeanscoffeeco.com
coolbeanscoffeecafe.com
coolbeansmusic.com
100 weeks ago
Ryan Healy: I agree, play hardball and tell them to go for it. 99% of people are bluffing. If you find out they are not bluffing, then you can decide if you ...MoreI agree, play hardball and tell them to go for it. 99% of people are bluffing. If you find out they are not bluffing, then you can decide if you think they have a legitimate argument or not, but I wouldn't worry yet.
100 weeks ago
Isao Kato: What matters is they intended to do so and we all know this case it is a clear no. I hope your friend can fend those people off without poking ...MoreWhat matters is they intended to do so and we all know this case it is a clear no. I hope your friend can fend those people off without poking them back because that is what they actually want.
100 weeks ago

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