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Old 29th July 2006, 10:53 PM
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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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Old 31st July 2006, 05:47 AM
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Re: Generic?

Mystery remains...

Anyone?
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Old 8th August 2006, 07:03 PM
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Re: Generic?

In regards to another thread: http://www.idnforums.com/forums/5782...moscow-ru.html

Quote:
Blastfromthepast wrote: I believe that those names are trademarks of the developer of that particular real estate development. Good luck.
I dont see how the combination of these 2 words can be considered a TM violation
which brings to the above question i posted sometime ago...where is the line?
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Old 8th August 2006, 07:33 PM
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Re: Generic?

Whichever party's lawyer has the most expensive suit will win.
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Old 8th August 2006, 07:39 PM
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Re: Generic?


Last edited by blastfromthepast; 8th August 2006 at 07:45 PM..
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Old 8th August 2006, 07:46 PM
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Re: Generic?

Quote:
Alphamale: Whichever party's lawyer has the most expensive suit will win.
If you are even able and want to hire a lawyer as sometimes it gets out of hand with the udrp decision...1 of the recent ones was for cmz.com

LINK: http://arbiter.wipo.int/domains/deci...2006-0294.html

just a few abbreviations for it:

CMZ Channel Migration Zones
CMZ Channel Migration Zone
CMZ Chinesisch Medizinisches Zentrum
CMZ Compania Minera Zaldivar
CMZ Cheyenne Mountain Zoo
CMZ Chamber of Mines of Zambia
CMZ Crop Management Zones
CMZ Cakovec Medimurska Zupanija

diffrent examples i can think of is nissan.com (cars vs the guy which his name is uzi nissan) and a personal case i have is israir.com vs israir.co.il ...maybe i should sue them
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Old 8th August 2006, 08:02 PM
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Re: Generic?

Personally, I prefer to stay away from anything that sounds like a TM domain name.
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Old 8th August 2006, 08:07 PM
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Re: Generic?

No doubt it is better to own anything that isn't a TM but the question remains, after seeing cases like MBF.COM or ClubRewardsWireless.com lose in udrp decisions where does it stop...

Just as an another example...take bentley.com...without visiting the site most will assume it is owned by bentley motors, it isn't but they can claim it should be transfered to them? many other examples like it...
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Old 8th August 2006, 08:09 PM
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Re: Generic?

There aren't any answer to these TM questions, it's an open-ended can of worms (if that is a physical possibility). "Suck it and see".
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Old 8th August 2006, 08:13 PM
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Re: Generic?

In addition, there's a new worm now..will be interesting to see how they will treat what has been called the "fake" ones..i.e nonexisting.com in russian = тщтучшыештпюсщь.com
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Old 15th August 2006, 07:26 AM
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Re: Generic?

Some ways to protect your name 100%, e.g. weather.com. :p

1. Make sure your site doesn't earn any money - Non-profit.
2. Register a charity using that generic, e.g. Weather Children's Charity - Establishing a trademark.
3. Register a trademark for "Weather Children's Charity" - Officially establishing a trademark.
4. Arrange a promotion to raise funds for , and make sure the event is publicized on major newspapers - Establishing trademark by usage.
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