Thread: Generic?
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Old 29th July 2006, 10:53 PM
555 555 is offline
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Generic?

when buying a domain i.e coca-cola.tld then there's no doubt it is a TM as nothing else is named/called coca cola.

then theres i.e delta.com,bentley.com,aroma.com and many others like these where in that case there's what most people might think to find there as there's a big company with the name but also many other companies from diffrent industries with that same name

then theres the more "rare" cases like when people's name mix with company name i.e nissan.com , schneider etc...

- if it is the top example obviously it is a TM violation

- if it is the 2nd example do you agree that if the owner of say delta.com does not in anyway show he/she is a part of delta the airline and does not put content related to planes,airlines or even travel - the domain is not at risk?

- as for the 3rd example, look at nissan.com (owner's name is uzi nissan) , the courts made him just put his grandpa pics mr. naji nissan if he wishes but make no commercial use of any kind with the site for sometime. now they probably again allowed him to place commercial content as long as doesnt relate to automobiles

and the last thought i have...which is for any of the above examples, does the fact it is delta.com ascii or delta.com in swedish matter in the legal aspect of it?


Thanks,
Michael
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