"askdexter.com" will it be a problem ? [Archive]

KDLA

09-01-2005, 10:15 AM

Are you referring to Dexter, of the cartoon "Dexter's Laboratory?"

I'd assume that you could only get into copyright trouble if you used the character in some way on your website. Since "Dexter" is a real name, without an immediate connection to a character (unlike "Harry Potter"), I would assume - but I'm not a lawyer - there shouldn't be a copyright problem. I mean, there are other famous Dexters: how about the shoe corporation?

You might check into, though, the possible similarities between your service and "Ask Jeeves."

As an aside - in our state, we had a mom & pop backwoods business open up called "Victor's Secret," which sold lingerie, among its many other sundry things. It was this shoddy shack-like building on a country byway. The Victoria's Secret company found out about it & sued the couple. Even though the courts assumed that there were too many "coincidences" to validate usage of the name: items sold, similarity in design of the logos, etc., the guy's real name was Victor, and he had a right to use his own name for his business. They asked him to change the name, at least by one word, and he ended up calling it "Victor's Little Secret." (Why he chose "little," I don't know. Most of the spam emails I get from those types of companies always like to use big, huge, or growing! :))

The Victoria's Secret company took them to court again, the courts reversed the decision, and the couple was made to pay several thousand dollars in damages.
(http://www.bizjournals.com/cincinnati/stories/2003/03/03/daily19.html)

So, there are people out there that look for any chance to litigate, and its good that you're looking into this.

An article which might help is http://www.circleid.com/article/107_0_1_0_C.

Good Luck -
KDLA