Closing a thread on the important TM issue will not do anybody any good

[Banned: dn-101]

Closing a thread on the important TM issue will not do anybody any good

Actually, 2 threads


http://www.dnforum.com/f318/tw-thread-324538.html


http://www.dnforum.com/images/icons/icon10.gif 貝寶
Obviously, the name is worthless.
And what's with .tw - TransylWania?
But... is 貝寶 really a TM?
It's possible that PayPal didn't register 貝寶 in TransylWania.
These issues will pop up a lot in the near future as the non-ASCII web is expanding.
And no simple answers here.

[allanh]

.tw is Taiwan...

[Dale Hubbard]

My wife says that those letters are only the phonetic equivalent of "PayPal". How can it be a TM? No, I've not looked at the thread links.

[ZeRohiLL]

Yeah, I was snapped at by thread starter in one of them for posting my opinion on it. I had to send my reply to him in PM style.

I agree (Closing a thread on the important TM issue will not do anybody any good) and posted to him that he should not have, or admin, closed the thread because it is a valuable lesson for the newbies. I told him if he disagreed with me to post those disagreements so others could have a chance to clear the issue.

It's close enough to TM infringement even if it is just the phonetic equivalent of "PayPal". I wouldn't touch it.

-Zh

[Furiouss]

The thread was closed because I did not want people to think it was still for sale. It's my domain and it obviously has some value as I've had offers. (low XXXXX). Zerohill you were "snapped at" because you flamed me by saying I had bad faith.

As far as the TM goes, I have my domain registered in .TW because .TW accepts Traditional Chinese. Paypal has all of their names written in Simplified Chinese. I don't believe I am infringing on any trademarks, And this is now my business because I am no longer selling it publicly.

[biggedon]

Closing a thread on the important TM issue will not do anybody any good

Actually, 2 threads


http://www.dnforum.com/f318/tw-thread-324538.html


http://www.dnforum.com/images/icons/icon10.gif 貝寶
Obviously, the name is worthless.
And what's with .tw - TransylWania?
But... is 貝寶 really a TM?
It's possible that PayPal didn't register 貝寶 in TransylWania.
These issues will pop up a lot in the near future as the non-ASCII web is expanding.
And no simple answers here.

you shouldn't even be posting comments in a sales thread, whether or not it's tm related doesn't change the rule.

please make sure YOU follow the rules, instead of trying to instigate something which you don't know full story of.

[DomainsInc]

I've had offers. (low XXXXX).

Yeah right. If so, take the money and run.

[Devil Dog]

It's my domain and it obviously has some value as I've had offers. (low XXXXX).

Riggghhhhttttt...

[ZeRohiLL]

Zerohill you were "snapped at" because you flamed me by saying I had bad faith.

I simply said parking or profiting off a TM is considered "bad faith".

-Zh

[Furiouss]

I simply said parking or profiting off a TM is considered "bad faith".

-Zh

hehe, Perhaps you're right and if it was any other company I might reconsider... But I'm sure most people here have dealt with paypals scams. In all honestly they owe me like a couple grand.

[marcorandazza]

My wife says that those letters are only the phonetic equivalent of "PayPal". How can it be a TM?

A phonetic equivalent of a trademark is still an infringement.

Now... if the wanted to use it as a criticism site, warning Chinese speakers that Paypal is a filthy low-life scam artist company, then that would be okay. Many UDRP panelists would disagree (See the Aspis.com case), but very few US courts would disagree.

[Dale Hubbard]

A phonetic equivalent of a trademark is still an infringement.

Now... if the wanted to use it as a criticism site, warning Chinese speakers that Paypal is a filthy low-life scam artist company, then that would be okay. Many UDRP panelists would disagree (See the Aspis.com case), but very few US courts would disagree.

I know about criticism sites. Paypalsucks.com is an obvious case in point.

In reality, it's not *exactly* phonetically equivalent to the English-spoken TM of "Paypal" so I'd find it hard to believe that it's actionable, especially given that it's two Chinese characters.

Capricious at best IMHO.

[katherine]

i've had offers. (low xxxxx)

lol

[marcorandazza]

I know about criticism sites. Paypalsucks.com is an obvious case in point.

In reality, it's not *exactly* phonetically equivalent to the English-spoken TM of "Paypal" so I'd find it hard to believe that it's actionable, especially given that it's two Chinese characters.

Capricious at best IMHO.

In the magical land of make-believe, you would be right.

In the real world, a phonetic equivalent (or close approximation) would likely be an infringement (if other factors were present).

Try launching a website that www.eggshon.com and list PPC links to gasoline companies and see what happens.

hehe, Perhaps you're right and if it was any other company I might reconsider... But I'm sure most people here have dealt with paypals scams. In all honestly they owe me like a couple grand.

Keep it forwarded to the PPC page you have it on now, and you deserve to get sued.

However, forward it to http://www.paypalsucks.com/ if you have such a beef with paypal and it is free speech.