Andy writes, "For eight years, Jules' IKEAHackers site has published ways people have hacked their IKEA products. Hundreds of people have combined IKEA products in creative ways to create everything from desks to cat trees.
When the fan site turned to a huge part-time job, Jules ran a few small advertisements.
Now IKEA's attorneys have sent the site a Cease and Desist."
Ikea's C&D is, as a matter of law, steaming bullshit. There's no trademark violation here — the use of Ikea's name is purely factual. The fact that money changes hands on Ikeahackers (which Ikea's lawyers seem most upset about) has no bearing on the trademark analysis. There is no chance of confusion or dilution from Ikeahackers' use of the mark. This is pure bullying, an attempt at censorship. I'm shocked to see that Jules has a lawyer who advised her to take such a terrible deal.
We've linked to Ikeahackers many times in the past.
Trademark law is surrounded by urban legends. Trademark does not create the legal right to stop people from making factual uses of a mark ("Ikeahackers" is a site for people who hack Ikea furniture). And while there is a very slim chance of trademarks being "genericized" through a failure to police, this risk is grossly overstated by trademark lawyers (quick, name three modern, active trademarks that have been genericized through a lack of policing), and in any event, you can get the same benefit from offering a royalty-free license as you get from threatening a lawsuit. Finally, trademark is not copyright: there is no parody "defense" (nor is one needed), there is no fair use, there is no need for any of that stuff.
Long story short, after much negotiation between their agent and my lawyer, I am allowed to keep the domain name IKEAhackers.net only on the condition that it is non-commercial, meaning no advertising whatsoever.
I agreed to that demand. Because the name IKEAhackers is very dear to me and I am soooo reluctant to give it up. I love this site's community and what we have accomplished in the last 8 years. Secondly, I don't have deep enough pockets to fight a mammoth company in court.
Needless to say, I am crushed. I don't have an issue with them protecting their trademark but I think they could have handled it better. I am a person, not a corporation. A blogger who obviously is on their side. Could they not have talked to me like normal people do without issuing a C&D?
IKEAhackers.net was set up in 2006 and truly not with the intent to exploit their mark. I was a just crazy fan. In retrospect, a naive one too. It is not an excuse but that was just how it was when I registered IKEAhackers. Over the last 8 years the site has grown so much that I could not juggle the demands of a full time job and managing IKEAhackers. It also costs quite a bit to run a site this large. Since IKEA® does not pay me a cent, I turned to advertising to support myself and this site.