Road Law – October 2023
The title of this article might have you wondering what the heck is going on at Road Law, and what exactly is the battle?
In our last article, we discussed drivers being redirected to another website and potentially duped into hiring someone they didn’t intend to.
We apologize to anyone who may have recently tried to contact us online, only to be redirected to one of our competitors who offers a “legal plan” for commercial drivers. You may have been unhappy that you were asked to sign up for a service and perhaps also were unhappy with the service you received.
Now that the matter has been resolved, we can fully disclose what happened.
Q. What happened at Road Law?
A. Not long ago, we received several calls from non-clients who thought they had hired us to represent them, and they wanted updates on their cases. After further review and investigation, we were able to determine that the individuals had used www.roadlaw.com instead of www.roadlaw.net when they were looking for our website.
Q. Why does that matter?
A. The trade name “Road Law” is protected under patent/trademark law and is our federally protected intellectual property. When someone infringes on your trademark, you have a duty to prosecute the unauthorized use of your mark if you want to continue to have rights to that mark. In our case, the website domain www.roadlaw.com became available for purchase, and it was purchased by a competitor for the purpose of trying to benefit from the name Road Law.
Q. What can you do about it?
A. When we discovered this unauthorized activity, we filed a grievance with the World Intellectual Property Organization (WIPO). Eventually, the WIPO arbitration committee found that the other entity acted in bad faith by intentionally and knowingly using the Road Law trademark/domain name to redirect drivers to its own website for commercial purposes.
In this type of case, you can also bring an action in federal court under several causes of action. The most common is a violation of patent or trademark under the Lanham Act, which protects the owner of a federally registered trademark against the use of a similar mark that might cause consumer confusion. Another cause is known as cybersquatting, which has to do with the unauthorized registration and use of an internet domain that is identical or similar to someone else’s trademark, company name, etc.
If you find yourself in this situation, it’s important that you consult with an attorney who specializes in patent and trademark law so that you can choose the best avenue to stop any infringement and damages, as well as to pursue any other legal remedies that might be available.
Q. So what is the benefit?
A. After the WIPO decision, the website domain www.roadlaw.com was removed from the offenders and ordered to be transferred to us, the rightful owner of the protected trade name. So now, whether you use www.roadlaw.net or www.roadlaw.com, you’ll be in contact with the one and only Road Law. LL
We invite you to send any questions or comments regarding transportation law to: Road Law, 3441 W. Memorial Road, Suite 4, Oklahoma City, OK 73134; to contact us through our website at www.roadlaw.net or to call us at 405-242-2030. We look forward to hearing from you.