Website name trademark infringement if i was a dealer of the trademarked products

Recently i purchased 2 websites with the product name of which i have been an authorized dealer for many years.
1 website is the trademarked name with USA.com the other is Canada.ca at the end.
They have now cut me off as an authorized dealer and want the website names I purchased in good faith to promote the sale of their products.
The Legal firm faxed me a letter demanding i make the changes within 5 days, as well as on my regular web site with my company name to remove all traces of there name, product, keywords and descriptions.
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Answers (2)

Kurt Van Thomme

Kurt Van Thomme

Contributor Level 5
The below does not constitute legal advice, does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action.

Generally, if you are an authorized dealer of a company's products, the dealership agreement will include a trademark license of some kind to permit you use the company's trademark to advertise or otherwise promote that you sell the company's products. Your question will likely hinge on the terms of your dealer agreement and trademark license. These agreements can vary widely depending on the industry and the particular company.

The dealership agreement may also provide the grounds permitting termination; if the company terminated the agreement for a reason not permitted under the agreement, you may have an argument to be reinstated as a dealer (should you so desire). Also, depending on how the dealership agreement is structured, it is possible it may fall under your state's franchise laws, which would give you additional rights.

Of course, given they have terminated your dealership, you may not want to continue to use the domain names in any event. Transferring them would obviously be the cheapest option.

Ultimately, you should consult an attorney to review your dealership agreement to determine what rights you may have, and to assess what risks you may face if you choose not to agree to the company's requests.
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Alan James Brinkmeier

Alan James Brinkmeier

Contributor Level 10
A good copyright lawyer is in order to review all the pertinent details. Have the attorney work the negotiations for you. I agree with the wise observations of Mr. Thomme.

You might find my Legal Guide helpful "How to Choose A Lawyer For You"

http://www.avvo.com/legal-guides/ugc/how-to-choose-a-lawyer-for-you

You might find my Legal Guide helpful " What Do I Tell My Lawyer"

http://www.avvo.com/legal-guides/ugc/what-do-i-tell-my-lawyer

You need a lawyer. Check with a lawyer in your locale to discuss more of the details.

Good luck to you.

God bless.

NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney with whom you have established an attorney client relationship and all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.
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