 Register Now for FREE! | | | 
11-16-2007, 06:07 AM
|
#1 (permalink)
| | The Bishop
Last Online: 06-10-2008 07:07 AM Join Date: Jan 2005
Posts: 3,804
DNF$: 2,115 Location: UK
Country: 
| An Interesting Decision
| 
|   | |
11-16-2007, 09:20 AM
|
#2 (permalink)
| | DNF Addict
Last Online: 08-14-2008 04:51 PM Join Date: Oct 2002
Posts: 1,099
DNF$: 4,731 Location: Columbia, MD
| Amazing. Let the flood gates open.
__________________
Track emails that you send, PM me to find out how.... | |
| | |
11-16-2007, 09:54 AM
|
#3 (permalink)
| | One of these days....
Name: Darren Last Online: Today 02:00 PM Join Date: Feb 2006
Posts: 2,636
DNF$: 5,982 Location: Iraq
Country: 
| "Since the meta tags and the Google AdWords program are invisible to the public and do not identify the source of the goods, there can be no “use” of the trademark. "
What? | |
| | |
11-16-2007, 04:51 PM
|
#4 (permalink)
| | DNF Newbie
Last Online: 06-19-2008 12:22 AM Join Date: Aug 2007
Posts: 62
DNF$: 252 Location: Washington, DC
Country:
|
I think it is likely that the inconsistency in opinions will be resolved in favor of the conclusion that any use of a trademark to drive traffic to a competitor's site will be prohibited. It may take 15 years for that to shake out, but I suspect that will be the prevailing viewpoint once courts start to see these issues a bit more often.
__________________ Eric Menhart - CyberLaw P.C. http://www.cyberlaw.pro
Remember: Any comments are "general" in nature, and should not be relied upon as legal advice. | |
| | |
11-16-2007, 08:09 PM
|
#5 (permalink)
| | Platinum Lifetime Member
Name: Dave Zan Last Online: 08-27-2008 03:11 AM Join Date: Aug 2004
Posts: 1,606
DNF$: 0 Location: Manila
| More biz for Google.
__________________ Dave Zan says Vidi, Vici, Veni! :-D DaveZan.com - My Blog | |
| | |
11-16-2007, 08:17 PM
|
#6 (permalink)
| | Vote for Obama 2008
Name: Chris Last Online: Today 06:29 PM Join Date: May 2005
Posts: 7,336
DNF$: 16,653 Location: Dirty South
Country: 
| woot.
__________________
ATTENTION PLEASE!
*Buying Typos & Generics of Credit Card/Banking/Credit Report/Insurance
Loans/Cars/Auto with traffic. LOTS of cash to spend! PM me! $$$,$$$ Now! | 
| | |
11-18-2007, 08:33 PM
|
#7 (permalink)
|
Last Online: Today 06:44 PM Join Date: Feb 2004
Posts: 18,104
DNF$: 8,694 Location: Universal Citiz
Country:
| I like this disclaimer at the bottom of Matched.com Quote: |
Disclaimer: The registrant of this domain maintains no relationship with third party advertisers that may appear on this website. Reference to or the appearance of any particular service or trade mark is not controlled by registrant and does not constitute or imply its association, endorsement or recommendation.
|
__________________  Acroplex.com • Professional Web & Graphics development
| |
| | |
11-18-2007, 08:53 PM
|
#8 (permalink)
| | DNF Addict
Last Online: 08-27-2008 09:59 AM Join Date: Jul 2002
Posts: 3,621
DNF$: 7,475 Location: Planet Earth
Country:
| Quote:
Originally Posted by Acroplex  I like this disclaimer at the bottom of Matched.com | Click on an ad. You could use a date.  | |
| | |
11-18-2007, 08:54 PM
|
#9 (permalink)
|
Name: RG Last Online: Today 04:55 PM Join Date: Aug 2006
Posts: 3,532
DNF$: 2,276 Location: Private
Country: 
| Quote:
Originally Posted by Acroplex I like this disclaimer at the bottom of Matched.com | Are disclaimers such as this one, given any merit or are they completely discounted in a TM dispute?
__________________
“Perseverance is the hard work you do after you get tired of doing the hard work you already did.” ~ Newt Gingrich | |
| | |
11-18-2007, 10:05 PM
|
#10 (permalink)
| | Platinum Lifetime Member
Last Online: Today 04:46 PM Join Date: Apr 2006
Posts: 1,338
DNF$: 790 Location: MyGreenDomains
Country:
| very interesting subject....I'm anxious to see how the supreme court rules on it. | |
| | |
11-18-2007, 11:17 PM
|
#11 (permalink)
| | Platinum Lifetime Member
Name: Dave Zan Last Online: 08-27-2008 03:11 AM Join Date: Aug 2004
Posts: 1,606
DNF$: 0 Location: Manila
| Quote:
Originally Posted by Raider Are disclaimers such as this one, given any merit or are they completely discounted in a TM dispute? | http://www.wipo.int/amc/en/domains/s.../index.html#35 Quote: 3.5 What is the role of a disclaimer on the web page of a disputed domain name?
Consensus view: The existence of a disclaimer cannot cure bad faith, when bad faith has been established by other factors. A disclaimer can also show that the respondent had prior knowledge of the complainant’s trademark. However a disclaimer is sometimes found to support other factors indicating good faith or legitimate interest.
Relevant decisions:
Estée Lauder Inc. v. estelauder.com, estelauder.net and Jeff Hanna D2000-0869, Transfer
Arthur Guinness Son & Co. (Dublin) Limited v. Dejan Macesic D2000-1698, Transfer
Besiktas Jimnastik Kulubu Dernegi v. Mehmet Tolga Avcioglu D2003-0035, Denied
Pliva, Inc. v. Eric Kaiser D2003-0316, Transfer
|
__________________ Dave Zan says Vidi, Vici, Veni! :-D DaveZan.com - My Blog | |
| | |
11-19-2007, 12:37 AM
|
#12 (permalink)
|
Last Online: Today 06:44 PM Join Date: Feb 2004
Posts: 18,104
DNF$: 8,694 Location: Universal Citiz
Country:
| Quote:
Originally Posted by Raider Are disclaimers such as this one, given any merit or are they completely discounted in a TM dispute? | Probably no merit. Quote:
Originally Posted by Fearless Click on an ad. You could use a date. | Do you own the domain, Greg?
__________________ Acroplex.com • Professional Web & Graphics development
Last edited by Acro; 11-19-2007 at 12:37 AM.
Reason: Automerged Doublepost
| |
| | |
Currently Active Users Viewing This Thread: 1 (0 members and 1 guests) | | | | Thread Tools | | | | Display Modes |  Linear Mode | 
Posting Rules
| | | | All times are GMT -4. The time now is 06:58 PM.
Copyright @2001-2008 DNForum.com
|
