Legal Question in Technology Law in Florida

Ownership of an internet domain

I own the domain and have owned it for approx. one year. There is a hotel in Hollywood FL named The Diplomat and it is managed by Westin Hotels. I received a threatening letter from the Westin Hotel lawyer that said the name Westin Diplomat is a trademark and they would take legal action against anyone using the name. I owned the name before the hotel opened. I have checked the US Trademark office and find no Westin Diplomat in their files.What should I do?

Asked on 8/31/02, 5:45 pm

1 Answer from Attorneys

Randall Gilbert Gilbert & Caddy P.A.

Re: Ownership of an internet domain

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney’s individualized advice for you. By reading the “Response” to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication.

I am familiar with that hotel. In fact, I was there last night. The hotel is also much older than one year.

I also went to your website and see that you have not constructed the site even though you have owned it for longer than one year. Your rights will depend on the purpose for which you erected the site, legitimate business purposes, cybersquating, and other issues. Your question goes beyond a simple e-mail and if you would like to further discuss your issues then you may contact me at (305) 769 3000 during normal business hours.

Good luck,

Randall Gilbert

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Answered on 9/01/02, 9:18 am

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