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| | #41 (permalink) | |
| Platinum Lifetime Member Name: Brett Last Online: 01-15-2009 05:18 PM iTrader: (1) Join Date: Jul 2006
Posts: 142
DNF$: 370 Location: Brooklyn, New York
Country: | Re: Microsoft To SUE MORE 'Cybersquatters' In Federal Court Quote:
If you are talking about descriptive or dictionary word domains, or typos of descriptive word domains, then I agree with you. | |
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| | #42 (permalink) |
| The Bishop Last Online: 09-16-2009 03:42 PM iTrader: (117) Join Date: Jan 2005
Posts: 3,954
DNF$: 2,515 Location: UK
Country: | Re: Microsoft To SUE MORE 'Cybersquatters' In Federal Court Yeah not talking Blatant squatters, talking about the likes of MikeRoweSoft or the owner of Katie.com
__________________ Parked.com - The Valet Domain Parking That Pays |
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| | #43 (permalink) |
| Platinum Lifetime Member Name: Brett Last Online: 01-15-2009 05:18 PM iTrader: (1) Join Date: Jul 2006
Posts: 142
DNF$: 370 Location: Brooklyn, New York
Country: | Agree. There is another site, http://fedexfurniture.com/, that drew the ire of my favorite shipping company. Come to think of it, maybe we should switch to UPS. |
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| | #44 (permalink) |
| Lose your shoes! Name: Daniel Last Online: Today 09:19 AM iTrader: (24) Join Date: Oct 2004
Posts: 409
DNF$: 8,573 Location: Boston
Country: | Re: Microsoft To SUE MORE 'Cybersquatters' In Federal Court Well, no wonder it drew ire. The text logo, "FedEx Furniture", near the top of the page is very similar to the FedEx logo -- same use of upper and lower-case letters in the phrase "FedEx", and similar (but not identical) color differences in the excerpts "Fed" and "Ex". And there are photos at the bottom of the page showing "furniture" made from FedEx boxes. At first glance, I just thought the "furniture" was piles of empty FedEx boxes, which validated my initial assumption that this site had something to do with FedEx the package delivery company. If it weren't for the disclaimer at the very top, I'm sure other folks would also initially assume that FedEx Furniture had an affiliation with Federal Express. Pretty misleading, IMO. If they wanted to build and sell "furniture" created with empty package delivery boxes, it would have smarter to call their product "Empty Box Furniture" or something to that effect, and register the domain emptyboxfurniture.com. They should use boxes that don't have identifying logos or other copyrighted text/imagery and avoid creating "derivative works" that infringe registered copyrights. Hopefully, FedEx will eventually shut this site down and take the domain away from these morons. I'm actually surprised it hasn't been done already, given the amount of time that has passed between the date of the letter sent by Fedex legal counsel (8/3/2005) which is posted on the site, and now. |
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| | #45 (permalink) | ||
| Philadelphia Lawyer | Re: Microsoft To SUE MORE 'Cybersquatters' In Federal Court Quote:
Quote:
Mattel learned this the hard way when they sued a photographer who took pictures of Barbie dolls in poses they didn't like. http://abclocal.go.com/wls/story?sec...ews&id=1793935 As to the delusions of grandeur under which such lawsuits will somehow harm a company, I'm willing to bet you never heard of that case.
__________________ John Berryhill Ph.d., esq. John-AT-johnberryhill.com Please do not send private messages via dnforum.com, email me directly. | ||
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| | #46 (permalink) |
| The Bishop Last Online: 09-16-2009 03:42 PM iTrader: (117) Join Date: Jan 2005
Posts: 3,954
DNF$: 2,515 Location: UK
Country: | Re: Microsoft To SUE MORE 'Cybersquatters' In Federal Court I totally agree.. I would find in favour of the respondent, its satirical. I for one did not even consider that the site was associated with Fedex, and I would assume any intelligent person out there would realise the satire. I read somewhere about a guy building a house out of Dominos Pizza Boxes, same context applies.
__________________ Parked.com - The Valet Domain Parking That Pays |
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| | #47 (permalink) | ||
| Lose your shoes! Name: Daniel Last Online: Today 09:19 AM iTrader: (24) Join Date: Oct 2004
Posts: 409
DNF$: 8,573 Location: Boston
Country: | Re: Microsoft To SUE MORE 'Cybersquatters' In Federal Court Quote:
Quote:
Selling photos of a company's product (in this case, Barbie dolls) unclothed and in provocative positions, as artwork -- without resorting to creating a website presence featuring company names and logos that are confusingly similar to the company in question -- doesn't seem to be quite the same as creating "furniture" from a company's copyrighted materials, building a website that could confuse visitors into thinking it is related to that company in some way, and seeking "donations" for its endeavors. I don't see the Paypal link now, but I'm sure if it returned FedEx would take notice once again. Can photographs of a company's product be classified as "derivative works", no matter how that product is displayed or represented in the photographs? The Barbie guy is selling his images as artwork. Does it matter if the photographs are sold as artwork or used commercially in some way to advertise some other product or service? Thanks, John. I'm not a lawyer, nor do I play one on TV. | ||
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| | #48 (permalink) |
| Philadelphia Lawyer | Re: Microsoft To SUE MORE 'Cybersquatters' In Federal Court That said, when one accepts FedEx boxes, it is an acceptance of a contract to use them for FedEx shipping purposes. Their main beef is that they don't want to inspire zillions of people to consume free boxes for this purpose. USPS had the same problem with people on eBay getting free priority mail boxes and then flipping them inside out to use for parcel post. For a while, they were printing "Priority mail only" on the insides of the boxes and refusing to accept them with regular postage on them.
__________________ John Berryhill Ph.d., esq. John-AT-johnberryhill.com Please do not send private messages via dnforum.com, email me directly. |
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| | #49 (permalink) |
| Platinum Lifetime Member Last Online: 11-09-2009 08:30 PM iTrader: (1) Join Date: Mar 2006
Posts: 182
DNF$: 269 Location: Seattle | Re: Microsoft To SUE MORE 'Cybersquatters' In Federal Court Hmm, perhaps all of the parties using the word "Windows", should start a class action suit challenging the validity of Microsofts trademark on "Windows". Funny how Microsoft brought suite against Linspire.com ( formerly known as lindows.com), and in the end ended up essentially paying Lindows.com $24 million to change their name to Linspire.com. http://en.wikipedia.org/wiki/Microsoft_vs._Lindows |
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| | #50 (permalink) | |||
| Dances With Dogs Name: info [@] gerry.mobi Last Online: Today 02:17 PM iTrader: (73) Join Date: Dec 2006
Posts: 10,285
DNF$: 25,445
Country: | Re: Microsoft To SUE MORE 'Cybersquatters' In Federal Court Quote:
And a different slogan...Its OK To Be Ghetto! And they serve a useful purpose and niche and fill this massive void regarding recycling and "save the planet" thingy thing... Quote:
I mean, come on...with all the dough he's saving he should hire a real lawyer. (it's a joke...ha ha...funny ha ha)Actually, a very good article and letters posted by both FedEx & the Stanford Law School Center. Good read to see both sides' claims. Quote:
Last edited by Doc Com; 03-20-2007 at 03:28 PM.. Reason: Automerged Doublepost | |||
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| | #51 (permalink) |
| Pakistaniâ„¢ Name: Ehsan Ahmad Rehan Last Online: Today 05:50 AM iTrader: (15) Join Date: Aug 2006
Posts: 1,343
DNF$: 150 Location: P A K I S T A N
Country: | Re: Microsoft To SUE MORE 'Cybersquatters' In Federal Court this encourages me to challenge there trademarks what do they think they are if ppl have a typo whats the problem surely i will like to take them on lol |
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| | #52 (permalink) |
| Dances With Dogs Name: info [@] gerry.mobi Last Online: Today 02:17 PM iTrader: (73) Join Date: Dec 2006
Posts: 10,285
DNF$: 25,445
Country: | Re: Microsoft To SUE MORE 'Cybersquatters' In Federal Court I am waiting for the C & D to come, at one of the hospitals I work at. It's kind of funny but... One of the hospitals I work at decided to go with a certain color of scrubs to indentify each department. Well, the respiratory department was last in making the decision so they ended up with the only choice available...brown. Yes, the same dark brown as the uniforms of...you guessed it...UPS. So, the Resp Staff are walking around the hospital being mistaken for UPS delivery people...sure, with stethoscopes around their neck. Well, this has become the joke and needless to say when the nurses or doctors need respiratory, they say "call the UPS man." Walking down the hall they are addressed as "there's the UPS man" or "when will I get my package?". Now the Resp people say "I've got your package right here" or "Ask what brown can do for you". Actually, it is very funny. Just goes to show how even a color can be associated with a firm. So, does UPS have the TM on that color? Will the RT dept. get a C&D letter? Or will they just adopt a different color...stay tuned. |
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| | #54 (permalink) |
| Making Everything Click Name: Chris Last Online: Today 01:27 AM iTrader: (111) Join Date: May 2005
Posts: 9,403
DNF$: 15,334 Location: Dirty South
Country: | Re: Microsoft To SUE MORE 'Cybersquatters' In Federal Court Maybe Apple will started chasing down every version of it's domain names/marks too... RedApple.com, GrannySmith.com, etc |
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| | #55 (permalink) | |
| Dances With Dogs Name: info [@] gerry.mobi Last Online: Today 02:17 PM iTrader: (73) Join Date: Dec 2006
Posts: 10,285
DNF$: 25,445
Country: | Re: Microsoft To SUE MORE 'Cybersquatters' In Federal Court Quote:
Microsoft can seize my MicroAnaylses, then go for MicroManager, Microscope...Softee.com.... | |
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| | #56 (permalink) |
| Last Online: Yesterday 08:53 PM iTrader: (10) Join Date: Mar 2006
Posts: 1,544
DNF$: 6,864 Location: UK | Re: Microsoft To SUE MORE 'Cybersquatters' In Federal Court That'll be when Powerbooks start growing in trees. Anyway they would be the first to claim they invented the GrannySmith. Didn't they claim the iphone name a few weeks back?
__________________ 'Those who stand for nothing fall for anything' - Alexander Hamilton in 1978 |
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| | #57 (permalink) |
| Platinum Lifetime Member Last Online: 10-15-2009 01:44 PM iTrader: (4) Join Date: May 2006
Posts: 353
DNF$: 428 Location: England
Country: | Re: Microsoft To SUE MORE 'Cybersquatters' In Federal Court eBay sued 2 men from Whitley Bay over the name ne-bay.co.uk, the 2 blokes were on TV saying it was a disgrace BUT they had advertised in farmers fields near the Angel of the North with their logo virtually the same as eBays and they had quoted eBay many times on the site and in articles then they spoke on TV about other sites they had that were similar and ended up having to lose them too because Microsoft and Amazon went after them.
__________________ Newcastle United NUFC |
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| | #58 (permalink) |
| Platinum Lifetime Member Name: Brett Last Online: 01-15-2009 05:18 PM iTrader: (1) Join Date: Jul 2006
Posts: 142
DNF$: 370 Location: Brooklyn, New York
Country: | Re: Microsoft To SUE MORE 'Cybersquatters' In Federal Court Putting the lawyer in me aside (or trying to), this is the guy Federal Express views as a threat to its trademark? A 19 year old kid who made furniture out of their boxes? They probably could have gotten a lot of favorable press about this had they spun it the right way. Instead, they were the subject of a 20/20 report with John Stossel and made to look like humorless corporate overlords. The lawyer in me says this was fair/expressive use and no reasonable chance of confusion. My initial point, there is trademark abuse on both side of the aisle. |
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| | #59 (permalink) |
| The Bishop Last Online: 09-16-2009 03:42 PM iTrader: (117) Join Date: Jan 2005
Posts: 3,954
DNF$: 2,515 Location: UK
Country: | Re: Microsoft To SUE MORE 'Cybersquatters' In Federal Court Brett I like the cut of your Jib.. and you have made me remove the brush tarring. Kudos to you. Not very often you get a lawyer who can see both sides.
__________________ Parked.com - The Valet Domain Parking That Pays |
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| | #60 (permalink) |
| Platinum Lifetime Member Last Online: 11-20-2009 02:34 PM iTrader: (34) Join Date: Jun 2006
Posts: 1,574
DNF$: 922 Location: A-Team Fool!
Country: | Re: Microsoft To SUE MORE 'Cybersquatters' In Federal Court I can atest to the fact, Microsoft is indeed on the warpath. When I first strted buying domains of course I registered stupid MS names. I have received several letters from them, not C&D letters, but personal letters written by their lawyer. I promtply turned over what they asked, and then deleted any others that were similar. They are a little trigger happy. Even after I have deleted the name they send me a letter asking me to turn it over, without even looking to see if it expired or was deleted. Its kind of funny, at this very moment somone in the appraisal thread asking for one on Microsoftmp3player.com LOL! Lesson learned, all generic, all the time! |
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