Question on Legal Trademark / Copyright?
By Yahoo User • Category: Trademarks LawsuitI have a question specific to copyright / trademark pertaining to a web site. There is a large transportation company in my state that recently started a light rail transport train. For arguments sake we will call it xyz company. Since there are numerous stops on this I decided to purchase a web site and I called it www.xyz-stops.com My plan is to have all of the stops listed on this web site and allow businesses at each stop to advertise on my web site based on category (dining, shopping etc)My questions is… do I violate any copyright / trademark with this web site? I did seek out to the transportation company and they right away threatened me with a lawsuit if I pursue this venture. I actually took a ride on the train the other day and saw numerous businesses with the transport company name in there like The XYZ Cafe, XYZ Storage, XYZ RealtyJust looking for any advice.
Copyright protects creative works — songs, art, stories, software, etc. — and unless you are using images or text from XYZ company, then copyright laws are not involved.Trademark protects right of ownership — it ensures that only the original company can use a particular phrase or logo — so that competitors cannot steal their good will or make counterfeit products. Because you are using the XYZ name, and specifically to refer to XYZ train stops — you are relying on their trademark, for something that is not theirs — and in the process, holding yourself out as being related to them. That’s a potential trademark violation.If you want to do your website — get a written letter from XYZ saying that they are allowing you to use their name for reference purposes — but that you are going to make it clear that you are an independent company.That’s probably what each of the other businesses also did.