Right to use a domain name to talk about my condominium

[elliot-d]

What is the name of your state (only U.S. law)? ==>> FLORIDA

Hi,

A couple of weeks ago I created a website to share some information with the other residents of my condominium.

Let's pretend the name of my condo is: "King Doe Condominium" (it's not that but actually pretty close)

Let's say the website I created is under this domain name: "kingdoe.us"


Today I received a letter from my association's lawyer telling me I was not allowed to use this domain name.

I check on the trademark website (TESS), they don't have any trademark on the name "King Doe Condominium" or the name "King Doe".

By a matter of fact, "kingdoe.com" also exist and doesn't belong to the association...


So my question is simple, am I allowed or not to use this domain name?

Thanks for your help!

Eliot

 

[quincy]

What is the name of your state (only U.S. law)? ==>> FLORIDA

Hi,

A couple of weeks ago I created a website to share some information with the other residents of my condominium.

Let's pretend the name of my condo is: "King Doe Condominium" (it's not that but actually pretty close)

Let's say the website I created is under this domain name: "kingdoe.us"


Today I received a letter from my association's lawyer telling me I was not allowed to use this domain name.

I check on the trademark website (TESS), they don't have any trademark on the name "King Doe Condominium" or the name "King Doe".

By a matter of fact, "kingdoe.com" also exist and doesn't belong to the association...


So my question is simple, am I allowed or not to use this domain name?

Thanks for your help!

Eliot

Your condominium association's attorney seems to think you can't.

If the use of your domain name creates a belief that your site is operated by or endorsed by the Association, and traffic is directed to your site based on this belief, that is a problem.

Although the condominium association may not have registered their name with the USPTO, the association established rights in the name through its use as an identifier for the condominium development.