| Re: UDRP? TM ? It`s all BS or not ? Just a few thoughts..
Everyone had good things to say. It is true that it is always the responsibility of the person who registers the domain. And it is also true that things are treated on a case by case basis. I read that if someone uses a name that's catchy and unique and makes a business that confuses the public about the actual source of that name, it could be interpreted as a violation. I have read that people have been asked to take that business off the web.
On the other hand, I talked to a trademark lawyer (a friend) who says that the laws for trademarking and ownership for the internet are not all clear as copyright laws are for print. The internet has exploded so much that there are not enough legal precedents, which is very often how rulings are made. Run a search for "trademark laws for domain names" or "trademark law for the internet" (or something like that, and see what you will pull up.
In the case of zune, zune.com is not even owned by MS!
All very fascinating. Sorry for long post. |