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Trademarking DaniWeb
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Join Date: Feb 2002
Posts: 12,036
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I'm very interested in trademarking the name DaniWeb but I would like some more information about it. How expensive is it? How does it protect me? What I am afraid of is some new company going out tomorrow and trademarking the name DaniWeb, and then sending me a cease and desist order to give up my domain to them, and suddenly they just bought themselves a whole lot of instant traffic and the recognition of an established community for the cost of the trademark.
Obviously something like this doesn't happen a lot, but I'm noticing more and more up-and-coming sites are getting trademarked. And also that nearly all sites that have traffic similar to ours are legally copyrighted or trademarked or incorporated in some way or another.
Obviously something like this doesn't happen a lot, but I'm noticing more and more up-and-coming sites are getting trademarked. And also that nearly all sites that have traffic similar to ours are legally copyrighted or trademarked or incorporated in some way or another.
Your site is copyrighted implicitly, there's no need to register copyright (and there hasn't been for several decades no matter what some lawyers want you to believe).
The only thing registered copyright does is potentially make it easier to prove you have the originals, but in the case of a website an old backup tape or dated artwork would likely do just as well.
Trademarking I've never had to deal with directly. I do know that it's pretty useless unless you get a trademark in every single country.
A US trademark isn't necessarilly valid anywhere else.
It's also I think a quite expensive process.
As to incorporating it, that would turn Daniweb into a company complete with all the tax hassles and everything.
In many countries only companies can register domain names (or could, things are changing) which may have been a reason for people to incorporate themselves.
The only thing registered copyright does is potentially make it easier to prove you have the originals, but in the case of a website an old backup tape or dated artwork would likely do just as well.
Trademarking I've never had to deal with directly. I do know that it's pretty useless unless you get a trademark in every single country.
A US trademark isn't necessarilly valid anywhere else.
It's also I think a quite expensive process.
As to incorporating it, that would turn Daniweb into a company complete with all the tax hassles and everything.
In many countries only companies can register domain names (or could, things are changing) which may have been a reason for people to incorporate themselves.
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Join Date: Feb 2002
Posts: 12,036
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Thank you for the information. 
It's appreciated.
It's appreciated. Actually, forming an LLC has major benefits. It moves liability to the company. Right now, the liability is on YOU PERSONALLY. Someone goes blind because of your horrible color scheme (your color scheme is fine, it's a contrived example, ok?) and sues. You lose your new Mini Cooper and Sensa Coffee machine.
But as an LLC, only the company is liable, and you, personally, are not.
And there are Tax Benefits too! An LLC pays tax on profits. Right now, you have to mix all earnings with your personal taxes. Self-employment tax. With an LLC, you put yourself on the payroll. Any money left at the end of the year, you pay yourself as a bonus. The corporation then has no profits to tax.
Note: I'm not a lawyer. This is not legal advice. I am merely a monkey banging on a keyboard. If any of this post makes sense to you, that's a product of YOUR brain, so don't blame the monkey.
http://www.tgreer.com/daniweb/monkey.jpg
For non-monkey advice on the matter:
http://www.nolo.com/lawcenter/index....E6B5BD92AACD48
http://www.nolo.com/lawcenter/index....757E247F35B8AB
But as an LLC, only the company is liable, and you, personally, are not.
And there are Tax Benefits too! An LLC pays tax on profits. Right now, you have to mix all earnings with your personal taxes. Self-employment tax. With an LLC, you put yourself on the payroll. Any money left at the end of the year, you pay yourself as a bonus. The corporation then has no profits to tax.
Note: I'm not a lawyer. This is not legal advice. I am merely a monkey banging on a keyboard. If any of this post makes sense to you, that's a product of YOUR brain, so don't blame the monkey.
http://www.tgreer.com/daniweb/monkey.jpg
For non-monkey advice on the matter:
http://www.nolo.com/lawcenter/index....E6B5BD92AACD48
http://www.nolo.com/lawcenter/index....757E247F35B8AB
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Join Date: Feb 2002
Posts: 12,036
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That is actually something that I already had definite plans to do - form an LLC. However, it's not a priority (more of a sometime within the next few months idea). What I became concerned with is the idea that now that I am protecting myself with an LLC, do I need to do something to protect the site from site-stealers? 
And that lead to the creation of this thread.
And that lead to the creation of this thread. if someone trademarks the name and you can prove you were using it before they trademarked it they'll have 2 choices: give up the trademark of let you keep using the name (actually, they could offer to buy you out as a third choice).
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Join Date: Jan 2004
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Junior Poster in Training
Besides which, if people tried to rip Dani off, they'll have us lot to come after them! With flaming torches and everything!
But seriously, I do understand the concerns. I had an incident in which a former employer (who is a national ISP) took a photograph from my online photo gallery without permission and used it in a national print campaign. They claimed in a letter that because it was freely available on the Internet they assumed they could use it. The UK patent and copyright office confirmed that was most definately not the case. We resolved it amicably (or as amicably as you can) - but I lost a lot of respect for those guys.
M.
But seriously, I do understand the concerns. I had an incident in which a former employer (who is a national ISP) took a photograph from my online photo gallery without permission and used it in a national print campaign. They claimed in a letter that because it was freely available on the Internet they assumed they could use it. The UK patent and copyright office confirmed that was most definately not the case. We resolved it amicably (or as amicably as you can) - but I lost a lot of respect for those guys.
M.
That's a copyright problem, not a trademark one
I've had the same, only that was not resolved. The company refused to remove the photo until I sent them a bill and legal threats. At that point it was removed but the bill (which was in accordance with normal fees for such things as laid down by professional organisations) was never paid.
They're now bankrupt and are being investigated for involvement in illegal drugs traficking...
The argument is extremely common, and so are the questions how to prevent an image from being taken from the web (to which the answer should always be that it's impossible, the only thing you can do is put up a clear notice that it's not allowed).
I've had the same, only that was not resolved. The company refused to remove the photo until I sent them a bill and legal threats. At that point it was removed but the bill (which was in accordance with normal fees for such things as laid down by professional organisations) was never paid.
They're now bankrupt and are being investigated for involvement in illegal drugs traficking...
The argument is extremely common, and so are the questions how to prevent an image from being taken from the web (to which the answer should always be that it's impossible, the only thing you can do is put up a clear notice that it's not allowed).
People, people. Trademarks exist to protect against "brand dilution". If you form an LLC, the "daniweb.com" domain is an asset of the company. It's illegal to "steal" it, regardless of copyright or trademark. Copyright refers to authorship. If you wrote custom sofware to run daniweb, it is coyrighted.
You cannot start "McDanild's", because that would dilute the brand of McDonald's. You would in effect, be TRADING upon the MARK they've made on the world. Similarly, you cannot use golden arches as your logo.
If you trademarked the "daniweb" name, you would have legal protection against someone trying to start "daninet", perhaps, because they would be trading upon the repuation you've made. Trademark protection applies to those MARKS you use to build a reputation or brand presence.
You cannot start "McDanild's", because that would dilute the brand of McDonald's. You would in effect, be TRADING upon the MARK they've made on the world. Similarly, you cannot use golden arches as your logo.
If you trademarked the "daniweb" name, you would have legal protection against someone trying to start "daninet", perhaps, because they would be trading upon the repuation you've made. Trademark protection applies to those MARKS you use to build a reputation or brand presence.
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Originally Posted by cscgal
I'm very interested in trademarking the name DaniWeb but I would like some more information about it. How expensive is it? How does it protect me? What I am afraid of is some new company going out tomorrow and trademarking the name DaniWeb, and then sending me a cease and desist order to give up my domain to them, and suddenly they just bought themselves a whole lot of instant traffic and the recognition of an established community for the cost of the trademark.
Obviously something like this doesn't happen a lot, but I'm noticing more and more up-and-coming sites are getting trademarked. And also that nearly all sites that have traffic similar to ours are legally copyrighted or trademarked or incorporated in some way or another.
As for forming an LLC... Eh... Think about it twice. Unless you really have assets and you need tax sheltering, the fairy tale that you will be protected in court if the LLC is formed is a myth. The term "piercing the corporate vail" comes to mind.. Some names like Enron, WorldCom, Yamayoshi and so on...
It will force you to file a much more complex tax form, and depending on if you for an LLC, LP, LLP, S-Corp, C-Corp, you will have to file quarterly, and even monthly tax forms to the state, federal gov. and your dear beloved local municipality... :evil:
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