URL and Domain Dispute (Individual Vs State of CA)

Hello,

About 4 to 5 years ago, I registered a web site URL address thru register.com.

This site is a Div 1-A college sports fan site.

I came up with an exclusive web site logo, and also made the name of the site which is registered with register.com to reflect the school spirit.

I do not want to divuldge the official name of the school, so I will mention them as "Broncos".

I came up with a web site name called "BroncoFever.com".
The school's mascot is called the "Broncos" as well.

The schools URL is www.msubroncos.com (example).

I recieved a letter from the collegiate licensing" division stating that I must cease using "broncofever.com", and that I must relinquish the domain name that I currently have owned the last 3-5 years.

The school states that I am using an unauthorized variation of the MSU name.

The school states that they are protecting their name, logos, slogans, mascot, and other proprietary rights.

However, I am not using the schools name, slogans, logo, or mascot in the official version, but simply using the word "bronco" in my URL of www.broncofever.com.

Do I have to give up my rights to www.broncofever.com?

This does not seem fair at all.

Especially since I have owned the URL for "years".

THANKS!

Errm, that does seem very unfair, I don't know much about US laws , I am a UK Citizen (VIVE LE REPUBLIQUE!!!), but I think you would have to prove that it was an infringement of your civil liberites, and your right to free speech. If you're not using the name of the school, just the name of the team I think that it is a violation. In the UK we play football, (soccer to US), and the biggest team (disputedly) is Manchester United, or ManU, now I could setup a website called say www.manu-rock.co.uk and that would be legal, but again, In California it could be different.

[ BY THE WAY, I HATE MAN-U, LIVERPOOL ROCK!!! ]

p.s see nominet.org.uk for more info about domain names (UK only).

1. You don't support Man U, phew...
2. You support liverpool?!?
3. Edit your post next time...

You're perfectly entitled to keep that domain, you had it before them and as far as I know there's no law on taking a company/school's name and putting it in a domain.

Thanks for the reply.

I did not, however, put the schools name in my domain, but the schools mascot.

The school (for example) is miami state university, and their mascot is a bronco.

I simply used the name of the bronco to come up with a web domain called "broncothunder.com".

Am I still safe to use this domain, as the school states that I am using an un-authorized "variation" of the miami state university (example) name in conjunction with my web site called "broncothunder.com".

Thanks again for the help!

Keep using it, they don't have anything on you. They can't copyright a word and say no-one else can use it, well if they did it would cost them a hell of a lot of money.
You're doing them a favour with it, tell them that and keep the domain and site up.

Right, where to begin..



U R MAD!!!

Next,


Is the mascot / team a commercial enterprise?

It is an officially trade marked team.

Oh rite, in that case there is a very srong case against you, it might appear that you are exploiting their trademark to your own benefit, which in most cases is illegal. I think it might be wise to take the domain down, but talk to the team's lawyer (informally) first.

How am I infringing their trade mark?
Just by having the name "bronco's" in my URL?

If you're using just a regular "english word" which obviously can't be copyrighted, you can still continue using it.

However, if you're using a trademark, such as Miami Broncos (example only), you might have a problem there.

Also, if you're using a logo or mascot that is trademarked, you can't use it anymore.

If neither of you or the Univ. has registered their logos, mascot or anything similar, it may come down to who used it first or the first one that has eventually registered.

Hope this makes a bit of sense.

according to what I have heard, I cannot use the name "bronco" in my URL, becuase it is a close similarity to the schools site called www.msubroncos.com.

They state it infringes upon their proprietary rights.

Is this true?

Words, phrases, and symbols that identify a product or brand can be trademarked, not copyrighted. Trademark owners are required to protect their mark to avoid dilution (e.g. Kleenex®, Kevlar®, Scotch® Tape, Xerox®) or even revocation of the mark if it falls into common usage (e.g. thermos, cellophane, aspirin).

Regular English words CAN be trademarked for specific categories - Apple®, Cheer®, Entrepreneur®, Realtor®. That does not necessary preclude anyone from using those words in a domain name (or in a different trademark); a trademark owner is concerned over use of the trademark in a confusingly similar way.

You really need to seek legal counsel to determine whether the school has a case against you. In the meantime, do some research on the outcomes of cases that are similar to yours.

Take your site down and post a scanned copy of the cease and desist letter in its place, and a link to their site. You are complying with their request, which will have just turned into instant bad PR ...

Generally, that's why most people with any sense don't go after fan sites in the first place.