Legal Question in Intellectual Property in South Carolina

Intelectual property?

We have purchased and directed a domain name ''Columbia Fire Safety'' to our actual web site which is ''Carolina Fire Safety.'' We are located in Columbia, S.C. Our competitor operates under the business name ''Columbia Fire and safety, LLC.'' They have challenged us, claiming we are infringing on their ''intelectual property'' rights. Is this true??


Asked on 12/03/08, 12:16 pm

2 Answers from Attorneys
Patrick Tracy Patrick J. Tracy, Esq, P.E.,

Re: Intellectual Property

They probably have a good case against you, however, I don't know all of the facts and circumstances of the case. Therefore, I suggest that you seek competent counsel to assist you in this matter.

As a general rule the trademark owner has rights in the domain name and the other company could possibly have rights based on mere common law rights or state trademark law.

Good luck!

Read more
Answered on 12/03/08, 12:31 pm
Daniel Press Chung & Press, P.C.

Re: Intelectual property?

Unless they have a registered trademark, or they can prove by direct evidence that you registered the domain name in bad faith, I don't think they have a good case because the name is geographic and descriptive, and thus not entitled to trademark protection. If they file suit or a UDRP complaint, you should retain counsel to defend.

Read more
Answered on 12/03/08, 5:36 pm


Related Questions & Answers

More Intellectual Property questions and answers in South Carolina