Legal Question in Technology Law in Virginia

My sister-in-law has a very successful blog that she is actively turning into a career. She's been building it up for years and is gaining a lot of momentum! Seemingly out of nowhere, a publishing company on the other side of the country has claimed that she is infringing on their brand and their name. My sister-in-law's blog has NOTHING to do with anything that this company is involved in and her blog's name is fairly commonplace... in that, there's a good chance that the name (or an equivalent variation) is being used elsewhere. Anyway, the publishing company has demanded that she relinquish the domain name and the brand entirely, thereby destroying what she has worked so hard to build (and not to mention stealing all of her traffic!). They, of course, have money and lawyers behind them... my sister-in-law does not. What can she do? Help! (And thanks!)

Asked on 11/21/10, 12:24 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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Refuse to be intimidated by their threats and only relinquish her rights

to the domain name and brand if she's offered irresistible compensation (would

be my suggested approach to the situation).

These kinds of claims are not all that unusual in the arena of

intellectual property law, and, like any other claim, merely because

it has been asserted in no way implies that such claim necessarily

has any merit. (Your sister-in-law may wish to consult with an attorney

who practices in this area of law to determine whether this particular publishing

company's claim has in fact any merit.)

Answered on 11/26/10, 3:36 pm

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