# CopyRight Law / Question: **URL:** \ **Category:** Factual Questions\ **Created:** [October 10, 2003, 12:06am UTC](https://boards.straightdope.com/t/copyright-law-question/206572 "2003-10-10T00:06:26Z")\ **Posts on this page:** 9\ **Page:** 1
**Author:** ![CrazyFoo](https://avatars.discourse-cdn.com/v4/letter/c/e79b87/32.png) [@CrazyFoo](https://boards.straightdope.com/u/CrazyFoo)\ **Post date:** [October 10, 2003, 12:06am UTC](https://boards.straightdope.com/t/copyright-law-question/206572/1 "2003-10-10T00:06:26Z")
Hi! Here is the problem, any lawyers in the house who can offer any insight? Party “A” owns the domain name [truckworld.com](http://truckworld.com) Party “B” owns the doamins: [fordtruckworld.com](http://fordtruckworld.com), [dodgetruckworld.com](http://dodgetruckworld.com) and [sporttruckworld.com](http://sporttruckworld.com) Party “A” sends Party “B” a “Cease & Decisit” letter stating that people will think [fordtruckworld.com](http://fordtruckworld.com) is associated with [truckworld.com](http://truckworld.com). Does party A have any legal leg to stand on? Party B is compliying with the cease and decist, stating it would be too costly to fight this in a court of law. Does this sound reasonable? I thought Party A would have to “prove” any copyright infingement, and therefor be responsible for the costs. Can someone please shed some light on this? Many thanks ---
**Author:** ![bojon](https://avatars.discourse-cdn.com/v4/letter/b/3da27b/32.png) [@bojon](https://boards.straightdope.com/u/bojon)\ **Post date:** [October 10, 2003, 12:13am UTC](https://boards.straightdope.com/t/copyright-law-question/206572/2 "2003-10-10T00:13:34Z")
Depends if fordtruckworld is a derivative of truckworld. I have done a bit of research, to enrich my feeble mind, don’t know if I am in the right direction. My talent is that I know how to read. ---
**Author:** ![Cervaise](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cervaise/32/16693_2.png) [@Cervaise](https://boards.straightdope.com/u/Cervaise)\ **Post date:** [October 10, 2003, 1:28am UTC](https://boards.straightdope.com/t/copyright-law-question/206572/3 "2003-10-10T01:28:12Z")
If you’re interested in doing some more research, this wouldn’t be a copyright issue; it would be a _trademark_ issue. Totally different segment of the law. ---
**Author:** ![Duckster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/duckster/32/1244_2.png) [@Duckster](https://boards.straightdope.com/u/Duckster)\ **Post date:** [October 10, 2003, 1:40am UTC](https://boards.straightdope.com/t/copyright-law-question/206572/4 "2003-10-10T01:40:22Z")
> [@](#): > > \*Originally posted by Cervaise \* > \*\*If you’re interested in doing some more research, this wouldn’t be a copyright issue; it would be a _trademark_ issue. Totally different segment of the law. \*\* **Cervaise** is correct. This might help: [Nolo.com Internet Law](http://www.nolo.com/lawcenter/ency/index.cfm/catID/2535B59D-F306-49ED-89E6921E069ABD0E) [Gigalaw.com](http://www.gigalaw.com/) ---
**Author:** ![CrazyFoo](https://avatars.discourse-cdn.com/v4/letter/c/e79b87/32.png) [@CrazyFoo](https://boards.straightdope.com/u/CrazyFoo)\ **Post date:** [October 10, 2003, 1:54am UTC](https://boards.straightdope.com/t/copyright-law-question/206572/5 "2003-10-10T01:54:34Z")
Thanks for the replies fellas. Bojon, as far as I am aware, fordtruckworld is an entity all on it’s own, and has nothing to do with [truckworld.com](http://truckworld.com) Here is how I see it… Suppose I own the domain [people.com](http://people.com) (Ha, I wish!) and someone comes along and buys [smartpeople.com](http://smartpeople.com), how on earth can I claim that a trademark is being violated? Afterall, trucks are generic, and fordtruck is specific, this seems unreasonable to me. I think fordtruckworld should fight the cease and desist, and I was hoping there would be someone on here who might give an indication if they would win. Thanks again, now I have to read through those legal sites. Regards ---
**Author:** ![barbitu8](https://avatars.discourse-cdn.com/v4/letter/b/839c29/32.png) [@barbitu8](https://boards.straightdope.com/u/barbitu8)\ **Post date:** [October 10, 2003, 2:53am UTC](https://boards.straightdope.com/t/copyright-law-question/206572/6 "2003-10-10T02:53:04Z")
> [@](#): > > \*Originally posted by CrazyFoo \* > \*\*I thought Party A would have to “prove” any copyright infingement, and therefor be responsible for the costs. > \*\* Ordinarily, parties are responsible for their own costs. Only if a court deems the case frivolous will it order one party to pay the other party’s costs. So Party B may have just taken the line of least costs. ---
**Author:** ![Max\_Torque](https://avatars.discourse-cdn.com/v4/letter/m/e9bcb4/32.png) [@Max\_Torque](https://boards.straightdope.com/u/Max_Torque)\ **Post date:** [October 10, 2003, 4:42am UTC](https://boards.straightdope.com/t/copyright-law-question/206572/7 "2003-10-10T04:42:26Z")
You may find this case interesting: [_Shields v. Zuccarini_, 254 F.3d 476 (3d Cir. 2001)](http://laws.lp.findlaw.com/3rd/002236.html). See also [15 U.S.C. 1125(d)](http://www4.law.cornell.edu/uscode/15/1125.html). ---
**Author:** ![CrazyFoo](https://avatars.discourse-cdn.com/v4/letter/c/e79b87/32.png) [@CrazyFoo](https://boards.straightdope.com/u/CrazyFoo)\ **Post date:** [October 10, 2003, 5:16am UTC](https://boards.straightdope.com/t/copyright-law-question/206572/8 "2003-10-10T05:16:54Z")
Very interesting read Max, tyvm. After reading that case, it seems to me that “intent” also plays a key role. Acting on bad faith, acting on good faith, etc. If [truckworld.com](http://truckworld.com) was “branded” by years of recognition, and was a household name, perhaps there could be a conflict (i’m thinking out loud here) Since however it is a no name name, how on earth could fordtruckworld be acting on bad faith? Myself, and many others from fordtruckworld are urging them to fight this cease and desist, but they seem to think it would be too expensive. Maybe they are right, I wish I knew all the answers. Thanks for your help ---
**Author:** ![Cliffy](https://avatars.discourse-cdn.com/v4/letter/c/59ef9b/32.png) [@Cliffy](https://boards.straightdope.com/u/Cliffy)\ **Post date:** [October 10, 2003, 6:15pm UTC](https://boards.straightdope.com/t/copyright-law-question/206572/9 "2003-10-10T18:15:35Z")
Party B should retain an attorney licensed in its state and familiar with trademark law. –Cliffy