Ford vs. Adult Website

[pam]

Since it's an adult website, I can't post the URL or the story here, which kind of defeats the purpose of this post ...

Anyway, Ford is suing an adult website that has the name "Lexus" in its URL because that is the nickname of the woman on the website.

They claim using it associated with a porn site dilutes the name. Here is a "clean" quote by the webmaster/owner of the site who obviously has no clue about trademark infringement.

“It actually kind of offended me that they said I went and registered a name without their consent,” he continues. “On the Internet, you can’t get any domain if it’s already protected by law. It was actually through Yahoo that I got the domain. I don’t see how I could have done anything wrong.”

 

[JoeyMob]

Ford is wrong with there sueing.

 

[pam]

Can you expand on that post? What is your reasoning?

 

[JoeyMob]

Ford is wrong because ford is basically saying that people that have the name lexus can't do what they want. Ex. They can't say there name whom they were born with on a website. That totaly sounds obserb to me. What ever happen to freedom? Also unless the person said something bad about the lexus the car then I don't see a reason wrong with it.

 

[pam]

She wasn't born with that name. And, it's not Ford, it's Toyota -- my mind was on my own Mustang lol.

"After Mendoza contacted Toyota’s attorney, Eric T. Fingerhut, a partner at Howrey L.L.P.’s Intellectual Property Group, he was told that the letter – which stated that the appropriation of the Lexus name for a pornographic site “dilutes the distinctive qualities of the famous mark LEXUS” – was, in fact, the real deal, and advised Mendoza to cease all use of the name and any similar names by April 10."

Would you register "****mewithaCokecan.com"?

Others in the adult industry have registered trademarked names and lost.

http://arbiter.wipo.int/domains/decisions/html/2004/d2004-1073.html

 

[JoeyMob]

You changed the story now I agree with you.

 

[pam]

Uhh, how did I change the story?

 

[Dave Zan]

It really boils down to how the domain name was used. If its usage bore any
similarity or association with that of a trademark holder (especially if that site
had commercial "hints" of any sort), you might be seen as trying to get a free
ride on it.

Just because a word or phrase is trademarked doesn't mean its TM holder has
absolute exclusive use to the word. A trademark is meant to prevent customer
confusion, not chart exclusive territory.

But it can't be helped some parties still believe such, especially if they've got
deep pockets to enforce that belief.

So it really boils down to how much the registrant is RAW (Ready, Able, and
Willing) to defend his/her rights to the domain name. But if the domain name
bore any hint of being associated with the trademark holder at any time, then
chances of defending it are slim.

 

[pam]

I read but can't confirm they had the Lexus logo on their website. I visited the site and saw no such logo and there are no references to Toyoto at all, other than a link to the article about the potential lawsuit situation.

Of course, there is also no warning page and you're greeted by sexual imagery, but that's a whole 'nother ball of wax.

 

[jdk]

Why is Ford suing? I thought Toyota owned Lexus.

If the name of the woman on the site is Lexus there is no bearing on the suit. If they are using the "Ford" (or Toyota) name somehow that is a different story.

 

[pam]

And, it's not Ford, it's Toyota -- my mind was on my own Mustang lol.[/url]

You can see my correction above *blush*