Trademark Infringment and Anti-Cybersquatting Law

[hendricksonet]

I found a link on a competitor website that lists our company name, but links to one of their affiliates webpage’s. Is he legally able to put our company name, but link to a competitor webpage?

The company also registered a domain name identical to our company name. Our website is FSBOWesternWisconsin.com, they registered the domain name ForSaleByOwnerWesternWisconsin.com. Our company is a registered LLC with the state. I did some research and found that this may be a violation of the Anti-cybersquatting Consumer Protection Act if I understand the Act correctly.

Let me know your thoughts.

Thanks!

[Mr. Knowitall]

I found a link on a competitor website that lists our company name, but links to one of their affiliates webpage’s. Is he legally able to put our company name, but link to a competitor webpage?

That depends on a lot of things, including whether or not your company name would be deemed generic or subject to trademark protection.

The company also registered a domain name identical to our company name. Our website is FSBOWesternWisconsin.com, they registered the domain name ForSaleByOwnerWesternWisconsin.com. Our company is a registered LLC with the state. I did some research and found that this may be a violation of the Anti-cybersquatting Consumer Protection Act if I understand the Act correctly.

If you can prove that you have a valid trademark, you may be able to get relief under that Act. You are best off, though, in terms of proving any sort of trademark violation if you have a registered trademark in advance of the alleged violation.

You should consult a business lawyer who handles business litigation matters, to have your situation reviewed.