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  1. #1
    ABW Ambassador John Kruger's Avatar
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    With some of the court ruling on variations of trademarked names, such as spelling or typing errors. Does this also affect top level domains with copyrighted or trademarked names?

    In other words if company xyz had xyz.com and you tried to use xyz.net for another purpose, could company xyz have a valid trademark or copyright complaint?


    John

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  2. #2
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    absolutely

  3. #3
    ABW Veteran Student Heyder's Avatar
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    What about Cookie, INC. and cookie.com could a person pick up cookie.net without trade violations? Cookie being a generic term.

    I must be hungry

  4. #4
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    See http://www.chillingeffects.org/domain/

    Lots of info. Having the .net version of a trademarked name certainly does *not* automatically mean you're violating that trademark. It's what you're doing with the site that counts (or what you intend to do, as far as domain name disputes go)

  5. #5
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    Are you guys familiar with what happened to Nissan.com?

    I originally posted this on one of my forums in December of 2002:

    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>
    I just learned about Nissan.com. Apparently, Uzi Nissan owned Nissan Computer Corporation and in a lawsuit won by Nissan Motor Co., Ltd. on November 14, 2002, the site was forced to be shut down.
    This automotive giant, showing its corporate might, forced an innocent man out of business. Nissan Motor Co. sought legal action in the amount of $10,000,000 and tried to keep him from using his own name for business purposes on the net. They even went after another business in which he was the majority shareholder, just to add insult to injury.

    Here is a quote from Uzi Nissan:
    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>
    My name is Uzi Nissan. I was born August 18, 1951, in Jerusalem, Israel. My father's last name was Nissan, his father's last name was Nissan, and so on. Nissan is a biblical term identifying the seventh month in the Hebrew calendar. The term Nissan also is Arabic for the month of April.
    <HR></BLOCKQUOTE>

    Here are more details here:
    http://www.ncchelp.org/The_Story/the_story.htm
    <HR></BLOCKQUOTE>


    FreeCallz.com

  6. #6
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    He should have turned it around and sued Nissan Auto for copyright infringement -- since He and Family had the name Much Longer than Nissan Auto!

    By your thoughts you are daily, even hourly, building your life.
    You are carving your destiny.
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  7. #7
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    I think that story reinforces what Judge Sturgess once said..."Justice is open to everyone in the same way as the Ritz Hotel"

  8. #8
    ABW Adviser Panel Dynamoo's Avatar
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    "Intent" is important. The landmark case in the UK was way back in 1997 in the so-called "One in a Million" case - see here.

    Some trademarks (e.g. "Burger King") are distinctive. Some others are more general. In this judgement, the judge commented on a domain name "j-sainsbury.com". J Sainsbury's are a major UK supermarket, but it's also a name, so if you were a solicitor called John Sainsbury you'd have a valid claim to use the domain. If, however, your intent was to resell the domain to J Sainsbury supermarkets or to create a rival food retailer with a deliberately confusing name, then you'd been in dead trouble.

    However, MJCB's comments are dead right. If you're just a little person up against a major corporation you'll probably find that "justice" will favour whoever has the most money.

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  9. #9
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    That was an interesting article Dynamoo. Also fascinating to see the "quality" of names the cybersquatters managed to grab back in the goldrush days. How things change.

  10. #10
    ABW Ambassador John Kruger's Avatar
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    Thanks for all of the responses. I am attempting to build a brand name, it is unique, not a name or common word, and I am coming up against some people using other top level domains to take away from the popularity of the brand I am building.

    John

    Once a year, go someplace you've never been before.

    www.teampb.com

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  1. cybersquatting
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