is this trademark infringement?

tunesmith · 11-08-2002, 11:21 PM

hey fellas!

I was considering registering a few names that start or end with

xp and osx. Is this trademark infringement? even if the name makes sense on ots own eg, xperts?( just an example)

...also would an anti microsoft site along the lines of microslop (again, just an example) be a problem?? free speech and all!?!

**drname** · 11-08-2002, 11:50 PM

Is xp and osx tm of microsoft?

Originally posted by tunesmith
hey fellas!

I was considering registering a few names that start or end with

xp and osx. Is this trademark infringement? even if the name makes sense on ots own eg, xperts?( just an example)

...also would an anti microsoft site along the lines of microslop (again, just an example) be a problem?? free speech and all!?!

tunesmith · 11-09-2002, 07:28 AM

so if you wanted to specialize in selling xp software for instance, you couldn't call your domain xpsellers or something?

**adoptabledomains** · 11-10-2002, 12:29 AM

Gray area...and depends on the company.

If you're an authorized seller for them they "may" let you alone. If not, they may challenge you. Generally the key is dilution or infringement of trademark. If you sell only XP there under their authorized terms, you might be okay. If you sell Apple or Lindows there as well, your lawyer is already drooling over the new Lexus. On the other hand, some companies don't even want authorized sellers using their name in that way, because it makes enforcement on those that aren't more difficult.

On the free speech thing, you may win in the end, but if the company has big$$, it may cost you a lot to defend your right to free speech. They may know that and use a legal filing to make sure you are willing to pay a lawyer to do so, and betting you aren't.