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  1. #1
    ABW Veteran Student Heyder's Avatar
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    I have a big time deal with a company that makes an industrial product actually an aftermarket product for a name brand machine.

    can I use a domain like companyparts.com? It's not an affiliate progam by any means and the parts are not made by the above company but are made to work with that companies machinery.

    My gut tells me no I can't use it but I really hate my gut right now.

  2. #2
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    You could try contacting the company and see if it would be an issue. It probably depends on the relationship between the company making the original product and the company making the aftermarket product as to what kind of answer you would get... but you've really nothing to lose by asking. Maybe a link to their site and a disclaimer ("we are in no way affiliated with ...") will suffice for them.

    If they say it's OK, you come out ahead.

    [ 05-14-2002: Message edited by: eaglefire ]

  3. #3
    ABW Veteran Student Heyder's Avatar
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    That's a good idea.

    I know already it would be shot down but still worth the phone call just in case.

  4. #4
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    Well, look at it this way: if they are aggressive about TM infringement and you *don't* ask and take the chance on the domain name, they are going to catch up with you and it will be worse.

    If you don't ask and don't use the domain name, no harm done... BUT if you do ask and just happen to get permission, you stand to gain by it.

    Heyder - I have every confidence in your ability to finesse them into saying yes [img]/infopop/emoticons/icon_wink.gif[/img]

    Just be certain you are talking to the right person - the person in the corp who has the final say and not someone's secretary.

    [ 05-14-2002: Message edited by: eaglefire ]

  5. #5
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    Yeah, and make sure you get it in writing.

    And still, if it ends up that the person had no authority to give permission (which could include the CEO), you're hosed.

    I'd stay away from this one -- you've got no way to be sure you're okay -- unless, perhaps, if you get an "okay" from their lawyers.

  6. #6
    ABW Founder Haiko de Poel, Jr.'s Avatar
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    Heyder,

    Contact legal@xyz.com only, and never on the phone.

    Haiko

  7. #7
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    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>and never on the phone<HR></BLOCKQUOTE>

    Good point. Then you've got documentation of the "conversation"

  8. #8
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    One other thing...a TM is not the same thing as a R in the trademark game.

    An R is official but a TM is a maybe in all cases.

    If the company has an R forget it. If they have a TM then you should do a full search to see when and if they have actually filed for the R.

    It takes at least 6 months and maybe longer to get officially REGISTERED.

    And there is some stuff in the rules saying you have to file to be registered in X amount of time, or your claim to TM may go away.

    Trademark stuff is tricky and you should at least read the lawbooks before you even try to get in the TM game.

    And you should read the lawbooks even if you hire a legal beagle to do all the dirty work.
    First, so you can intelligently discuss the situation and second to have a clue if the legal beagle is not dumber than rocksalt about the subject.

    Once someone passes the bar they can practice law in any field of law. In a lot of cases what the client gets is actual practice - not in the game, I can play skills.

    And in the Trademark arena, you need both real skills and experience.

  9. #9
    ABW Veteran Student Heyder's Avatar
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    Since it's likely not going anywhere and I've decided not to pursue it. The Company was Caterpillar. The domain would have been caterpillarparts.com Definately a R trademark and a big enough company to not tangle with.

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