Trademarked Developments

I am somewhat confused in regards to a previous question asked (see Trump Tower) I own a second home in the Palm Springs area at a country club whose name is trademarked...Let's use The Vintage Club as an example. I want to try and sell my home on the internet before I hire a real estate agent. Can I not use VintageClubhomeforsale.com to sell it? I own a portion of that development. I am not trying to confuse people as to where they are going...I just want them to buy my home! When they sold me the property and made their profits, it also made me an owner in part to that name( the property within the development) - Is this your question? Add additional information
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Answers (3)

Pamela Koslyn

Pamela Koslyn

Contributor Level 10
As to your partial ownership to the development's trademark rights, I doubt individual owners' deeds include any undivided interest in intellectual property rights, and in fact your CC&Rs may prohibit you from using the trademarks in any manner injurious to the development. You may also have other restrictions in marketing your property that you have to adhere to, and you need to review your development's governing documents to see what you've agreed to do and not do.

However, subject to your contractual obligations, I think you can use the trademark in identifying your property for sale, and in fact you might not be able to accurately identify it without using the trademarked name. So what you have to do is include a disclaimer that your home is for sale by owner, and that the mark "Vintage Club" is owned by Vintage Inc.(or whatever entity owns the rights) to make you don't mislead any prospective buyers who are only lookling for Vintage Club properties for sale by the development.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
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Kaiser Wahab

Kaiser Wahab Avvo Pro

Contributor Level 6
As a bit of practical advice, I would advise you to steer clear from using a domain name that contains the trade name of the Club. However, the more you distinguish the ultimate domain name from the actual trade name (as you have done here is a good start with "homeforsale" appended to the trade name), the better off you will be for avoiding claims of trademark infringement. Perhaps, you can put specific home identifiers in the domain as well (plot number, street, etc.)

Finally, I would not assume that you have rights in the trade name by virtue of your ownership of the development. The trade name is intellectual property that may or may not be held by the development entity that you own a portion of. Moreover, that trade name might not be equally shared or shared at all by any or all of the investors, depending on their contractual relationship.

So again, if you are intent on using a domain name incorporating the trade name, then I would take precautions to assure that the general public understands (you can do this through the actual copy in the website), that you are an individual selling your home that resides in that so called development. You may also want to read up on "nominative fair use" as a defense to trademark infringement.

I hope this helps.

Disclaimer: This answer is for informational purposes only and does not constitute general or specific legal advice, nor create an attorney client relationship.
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Shawn B Alexander

Shawn B Alexander

Contributor Level 8
I agree with both of the previous answers and I would suggest that you ask for a short-term temporary license to use the name.

good luck
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