Quote:
Originally Posted by draggar  The domain itself cannot infringe. I can legally park Windows.com as long as I have links to actual windows (as in home windows, car windshields, stained glass etc..) but the millisecond a computer related ad comes up, Microsoft can file a WIPO against me for infringing against their TM for their operating system. |
That's what we would like to think. However with some outrageous wipo outcomes it makes you really wonder. Even if you were to purchase windows.web (which is actually possible unlike the .com version) and have stained glass links the Microsoft legal team will make the argument like this:
Because this is an "
Internet" domain name, most if not all users using the Internet know about Windows the "
Monopoly" software company. Therefore they typed in the address with that in mind. For this reason, they should be entitled the domain. In other words, because their brand is so big it is not enough to argue on the basis of descriptive words.
Quote:
|
While I am against TM and infringing usage, WIPO has become more like a coupon to an expensive domain than actually protecting rights (Hero.com is a perfect example).
|
I couldn't have said it better myself.