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I understand technically this blog is violating trademark law, however for this specific trademark I am having second thoughts. The gal that is pursuing this is likewise providing me a long time to make the change, which I am extremely thankful for. While I have more time to make the modifications I’ve decided to believe about it some more.
The letter from her attorney states, “Your mark is similar to our client’s healthy moms mark as well as the domain name thehealthymoms.net is confusingly similar (her domain is healthymomsfitness.com) thereto, as well as your informational services are competitive with or carefully associated to our client’s services. For these as well as other reasons, it is our client’s setting that Web individuals viewing your healthy moms website at thehealthymoms.net are likely to believe mistakenly that the site derives from our client, is affiliated with her, or enjoys her endorsement or sponsorship, all in infraction of the trademark as well as unfair competition laws.”
Okay, so I run a health and wellness site for moms. I function material on a range of topics from health, nutrition, pregnancy, fashion, mental/emotional health and wellness as well as fitness. I likewise have professional writers in all of these areas so I can make sure my material is high quality. I likewise opened an on the internet health and wellness as well as wellness store where I offer natural health and wellness products as well as affordable physical fitness equipment.
From the info provided on her website all she does is assist expecting as well as publish natal moms stay in shape as well as healthy. physical fitness is the primary style of her business as well as website. My website serves moms of all ages from young moms all the method to grandmothers. The primary reason why I started it was to do my part in preventing youth obesity. Is there a connection between the two? Are we that similar? I truly don’t believe so. okay to ensure that is my very first point.
Point number two, Web search. If you do an Web browse on the term “Healthy Moms” this blog is number one as well as directly below it is her website. seems quite fishy, doesn’t it? I believe that is exactly how she discovered me. Also, there are 5,830,000 other websites under that browse term. I will highlight a few of them that appear toward the top of the browse list.
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The healthy Mom
This is a typical mom blog. She composes about her journey to stay in shape as well as healthy for her kids. The site is simple as well as she utilizes a free blog writer template that I recognize. She doesn’t have a great deal of comments which leads me to believe that this is a extremely personal site for her. Is she violating the trademark?
This is a blog which is a part of working mom Magazine. The material is extremely similar to mine. different authors compose on a range of topics including, fitness, nutrition, friendships as well as allergies. moms of all ages can associate to the material provided on this site. I believe it is more competitive to my website than healthy moms Fitness. Ce crezi? Is working mom magazine violating her trademark?
Healthy moms healthy infants coalition of North Florida, Inc.
Okay, I suppose you are thinking, “Now wait a minute, exactly how might they be violating her trademark?” I understand the title is different however it has the exact same meaning. healthy moms is extremely similar to healthy Moms. And, when you type in “Healthy Moms” in Google this site is placed number six on page three, which is quite high in my opinion. Their website states, “As a neighborhood based organization, healthy Mothers, healthy infants coalition of North Florida primary goal is to promote healthy pregnancies by providing prenatal education, household support services as well as positive advocacy of maternal as well as kid issues. This website provides details on our valuable services for the expectant families, from academic classes as well as programs as well in addition to other neighborhood resources that will benefit you. Please take a look at the offered resources as well as get in touch with us if we can be of assistance or if you would like to volunteer your time or support.” This I believe is the closest to healthymomsfitness. Also, they have their own registered trademark. exactly how can two business have a extremely similar registered trademark? perhaps I requirement to do more research study on trademark law.
Healthy Moms: workout from Home
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This website is about a blog as well as health and wellness service out of Madison, WI (where I am from). It is really on their ABC news affiliate website. I believe it is a neighborhood service program provided by the television station. above is just a title of one of their articles. The total series of articles are titled “Healthy Moms.” once again their messages are extremely similar to mine. The article series covers a range of topics from fitness, to eating right, parenting as well as making healthy way of life changes. Is WKOW out of Madison, WI violating her trademark?
This is part of the federal government program, Let’s Move. If I am correct, government programs are exempt from trademark law. If an attorney is reading this as well as I am wrong, feel free to correct me. I believe Let’s move was started by the very first lady, Michelle Obama in her efforts to promote health and wellness as well as wellness as well as end youth obesity. The very first woman can’t potentially be violating trademark law, can she?
This is one more government program out of Humbolt County, California. They even have a logo. If you look carefully on the bottom of their logo the artist dated it ’01. This program is a medication as well as alcohol program for moms. since their logo has “Healthy Moms” directly on it does that mean that the healthy moms physical fitness business endorses the program? Ce crezi? Is Humbolt region violating her trademark? Or are they exempt since it is a government program?
Healthy Mom’s Kitchen
This is one more mom blog. She composes about eating healthy. It appears like the site is relatively new since she doesn’t have a great deal of comments. however I like her content! Is this mom blog writer likewise violating trademark laws?
Healthy moms as well as Babies
This is a neighborhood outreach program for expecting mothers. Their website states, “Healthy moms & Babes is an outreach ministry whose objective is to boost infant survival as well as foster the health and wellness of women, kids as well as families.” however since it is a .org site does that mean that they are likewise exempt from trademark laws? If I altered my website to .org would I likewise be exempt? Ce crezi?
Happy as well as healthy Mom
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This is one more mom blog. Again, it is extremely similar to mine. She covers topics on health, fitness, pregnancy, product evaluations as well as giveaways. Her blog appears like it is well established as well as she has over 200 followers on Facebook. Is this mom blog writer likewise violating trademark laws? Ce crezi?
I understand of other sites available too, there is healthy wealthy moms (mom blog), as well as happy healthy moms on ning.
If I do have to make these modifications I already have a domain name bought from Go Daddy.com. I likewise have a new title chosen out for my website, however I truly do not want to do all of this.
My point is this; if she truly wishes to protect her trademark is she going to spend the time as well as money to go besides of these companies, blog writers as well as organizations as well or am I just being targeted since I am placed number one in Google, have a big complying with on this blog as well as in my social media networks as well as this is endangering her? Ce crezi? Do you believe it was smart of her to trademark the term “Healthy Moms?” should she have trademarked “Healthy moms Fitness” instead? should I take the time to make major modifications to a website as well as neighborhood that is well established or just avoid it as well as deal with the consequences? I worked difficult for three years to get where I am now. While I have the time I am going to believe difficult about this decision.
I am looking ahead to reading your comments on this topic.
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