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Reply With QuoteAmazing. Let the flood gates open.
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Enterprise Communications and Social Media in Uist
Amazing. Let the flood gates open.
Track emails that you send, PM me to find out how....
"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?
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 and http://www.Twitter.com/EricMenhart
Note: Any comments are "general" in nature and should not be relied upon as legal advice.
More biz for Google.
Vidi, Vici, Veni!
woot.
I'm buying credit, banking, loan, insurance related generics in .com, .net, .org with high search volumes/traffic. Will consider typos too! - PLEASE PM with name, info, & asking price!
I like this disclaimer at the bottom of Matched.com
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.
Click on an ad. You could use a date.Originally Posted by Acroplex
Are disclaimers such as this one, given any merit or are they completely discounted in a TM dispute?
Please vote Republican in 2012, America can not sustain another 4 years
of Liberal policies that are fiscally and socially destroying the country..
very interesting subject....I'm anxious to see how the supreme court rules on it.
Politicians and diapers need changing often...both for the same reason.
http://www.wipo.int/amc/en/domains/s.../index.html#35
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
Vidi, Vici, Veni!
Probably no merit.
Do you own the domain, Greg?Click on an ad. You could use a date.
Last edited by Acro; 11-18-2007 at 11:37 PM. Reason: Automerged Doublepost
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