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Legal Question - Kind of Cycling Related
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Here is the ultimate question. Can I lose my blog name if someone else gets a trademark for that name?

Here is the background:


  • My blog is cycling related and at best is not much more than a spot that I record my training and ride at a recreational level. I sometimes put an observation on cycling or training products that I buy just as a light perspective.
  • I do not sell products or ads and do not intend to do so in the future. I considered it once, but I am too busy in my normal career and I am not good in retail sales.
  • I've been posting to that blog since 2008.
  • There is nothing unique or special about my blog. Meaning I do not have any ideas or thoughts or products that could be considered of value.
  • I do have a somewhat unique blog graphic logo, but that too is not of a great value to me and there are many similar to that graphic.


What I have noticed recently that traffic to my blog has picked up substantially the past months. Being that my blog is probably about as fun or interesting as watching paint dry I thought that was odd until I noticed someone searched my blog for t-shirts and coffee mugs. I did a web search and see that someone on Facebook is using the exact same name as a FB page. However, the real company has a different URL name than my blog name. I did a quick trademark name search this morning and no one has officially recorded that name or at least it did not come up in the simple query there and on a trademark legal service search.

It would not be the end of the world to me if some day I were forced to change my blog name. I am not sure I want to layout the $400+ dollars to apply or get a trademark legal service involved. The only thing I dislike is that someone sees that on FB and has bad deals with that business and thinks I am connected to that company or business.

Could someone force me to change my blog that I've been using since 2008 if they secure the name? I am guessing so.
Just not sure I want to start the process and pay out the fees. Any thoughts on this from those with experience would be appreciated.
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Re: Legal Question - Kind of Cycling Related [Felt_Rider] [ In reply to ]
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no link?
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Re: Legal Question - Kind of Cycling Related [Felt_Rider] [ In reply to ]
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No experience with this in particular but in general a trademark is only helpful to the extent your willing and able to defend it going forward. In other words, just getting it doesn't do much good unless you're going to actively go after folks that try to use it in the future. Here's a link I found dealing with trademarks in the context of blogs:

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Receiving federal trademark rights is only the beginning. To continue enjoying the rights and benefits of trademark ownership, you must take steps to protect your trademark. In some cases this might necessitate filing a lawsuit. While unappealing to some, failing to take protective measures can diminish your rights as a trademark owner.

http://www.problogger.net/...ark-their-blog-name/
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Re: Legal Question - Kind of Cycling Related [Felt_Rider] [ In reply to ]
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I wouldn't worry about it too much. You didn't put the link to your blog, but if it is self hosted and not something like example.wordpress.com, and you've had that domain since 2008, then even if someone comes along and trademarks the name you should have any issues.

That said, like has already been stated, It really only matters if you are going to defend it. Otherwise it's a moot point either way.

-Nate
Triathlonpal.com
Flaer|Team Kiwami|Nuun Hydration|Honey Stinger
Twitter: @N8deck
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Re: Legal Question - Kind of Cycling Related [Felt_Rider] [ In reply to ]
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First in time, first in right.
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Re: Legal Question - Kind of Cycling Related [seeyouincourt] [ In reply to ]
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Thanks everyone. The comments give me some peace of mind.
I did not provide a link previously because it was just a generic question, but if you Google "The Cycling Addiction" you may get one that is linked to Facebook (not me) and the other to a Blogger/BlogSpot (me). I thought the Facebook page with that name was a business because it has a URL with a different name, but that link does not work for me.

Anyway there seems to be some confusion and some of my cycling Facebook friends are joined on that page. I wonder if they think that is my page. It looks like they started posting on that FB page this September so I've got a few years on them with the name. Again my blog is purely a recreational thing and I have no intentions of defending the name or going after others, but I didn't want someone coming after me either. Kind of like when Specialized went after that small bike shop up in Canada. Different case, but to the shop owner it must have been scary.

Anyway thanks for everyone's posts.
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Re: Legal Question - Kind of Cycling Related [Felt_Rider] [ In reply to ]
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the url (without the 'the') cyclingaddiction.com is taken. You should go ahead and buy thecyclingaddiction.com and point your blogspot blog to it. It still will not cost you anything to host the blog on blogger and it will be a better name. It will just cost you a few bucks (less than $10) a year.

godaddy
Last edited by: microspawn: Dec 5, 16 8:56
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Re: Legal Question - Kind of Cycling Related [Felt_Rider] [ In reply to ]
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Another thought: Your earlier use of the name could make it hard for the FB people to get a trademark registration. IF they are running a business, they might be willing to pay you something for a license or assignment of your rights. You get some cash (or a tshirt and a coffee mug) and they get a much earlier date of first use - at least for services related to news and information about cycling, etc.

John
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Re: Legal Question - Kind of Cycling Related [microspawn] [ In reply to ]
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microspawn wrote:
the url (without the 'the') cyclingaddiction.com is taken. You should go ahead and buy thecyclingaddiction.com and point your blogspot blog to it. It still will not cost you anything to host the blog on blogger and it will be a better name. It will just cost you a few bucks (less than $10) a year.

godaddy


Thanks
I went ahead and did what you suggested and got the domain for thecyclingaddiction.com.

Now thecyclingaddiction.com redirects to my nutty blog :-)
Last edited by: Felt_Rider: Dec 5, 16 9:31
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Re: Legal Question - Kind of Cycling Related [john.koch] [ In reply to ]
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john.koch wrote:
Another thought: Your earlier use of the name could make it hard for the FB people to get a trademark registration. IF they are running a business, they might be willing to pay you something for a license or assignment of your rights. You get some cash (or a tshirt and a coffee mug) and they get a much earlier date of first use - at least for services related to news and information about cycling, etc.

John

Hmmm....maybe I could get them to make me some new custom t-shirts :-)
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Re: Legal Question - Kind of Cycling Related [Felt_Rider] [ In reply to ]
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A trademark is used in connection with the sale of goods/services. If you are operating a non-commercial blog, then you are not infringing upon anyone's trademark rights.
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Re: Legal Question - Kind of Cycling Related [justtrime] [ In reply to ]
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Before I posted this yesterday I read a few web pages written by attorneys. However, getting these responses from you guys helped back up what I read and gave me more peace of mind. I appreciate all the responses. The blog is kind of a silly thing, but with so much time invested in it over the years I would not to lose the name. I feel better about it now.

Thanks
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