Quote:
Originally Posted by carlton  I was not aware of the case you cited. Glad you pointed it out. |
I agree, two distinct cases and scenarios. Realtors, by all accounts, is purely generic.
Whether "Chillibeans" was a typo or intentional,
if it is shown that FS does have complete control over the landing pages and content
OR if someone working on behalf of FS created and manipulated the pages to reflect the sunglass terms...then it will be,
in my opinion, a very difficult decision to overturn.
PLUS, the business was TM'd in 2000, the domain regged perhaps in 2002 - after the TM granted.
Given these facts and
alleged proof that 75% of the traffic was originating from Brazil - home of the TM holder.
As for spelling Chillibeans, I totally missed the double "ll" and spelled how I typically spell it (I guess this comes from loving to make chili and the annual Chili Cookoff in this area) I ended up on a kid's site and was really perplexed on what this company (ChiLLiBeans) was *****ing about.
So I do not think
making an assumption that most (or even some) would type in a misspelling is not much of an argument. Nor can I imagine how a poll could be conducted to assume this.
Irregardless, the registering a TM a couple of years before the registering a domain
could be seed as grounds for depriving the TM holder from using their trademarked name.
Understand, this is not an argument for or against FS...just trying to look through it with unclouded eyes and viewing the evidence for and against.