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Got a Letter
- Thread starter Dingo
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I'm no lawyer, but I can't see how boss.co.nz is in danger. Isn't that generic enough?
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Boss should be fine, as long as you have non-infringing ways to use it, and those are obvious. It's up to you whether you think the name is worth the hassle of defending, though.
The others, no, no chance.
The others, no, no chance.
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I'd defnitely hang onto boss.co.nz, and agree to hand over the rest IF they give you a letter stating they will not go after you for boss.co.nz at a later date.
Having looked over your site, I think you have a BUNCH of name there that you clearly bought in order to sell to TM holders for $5000 a pop.
I would be DELETING those very quickly, or developing sites that do not infringe those marks, as I think you'll find yourself in court very quickly - as have a few others in New Zealand.
Listing them for sale is a RECIPE FOR DISASTER.
You have some quite good names there - it'd be a shame for all the money earned from the sale of those go into lawyers pockets to defend yourself in court.
Having looked over your site, I think you have a BUNCH of name there that you clearly bought in order to sell to TM holders for $5000 a pop.
I would be DELETING those very quickly, or developing sites that do not infringe those marks, as I think you'll find yourself in court very quickly - as have a few others in New Zealand.
Listing them for sale is a RECIPE FOR DISASTER.
You have some quite good names there - it'd be a shame for all the money earned from the sale of those go into lawyers pockets to defend yourself in court.
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"Unless convinced to do otherwise I am planning on just handing them over as they request.
Any thoughts"
Yes. Don't let other people tell you what *you* think is the right thing to do. It's a good way to live.
I'm reminded of a post to a legal newsgroup one time where a guy asked what he should do if he found bugs crawling inside of a piece of food he bought.
I suggested that he not eat it.
Sometimes people have odd ways of figuring out what they want to do.
Fortunately for me, Hugo Boss has promised to send me a share of the proceeds they are going to take out your hide, now that I have alerted them to your post. "Boss" is usually a generic word, but now that you have demonstrated publically that you registered "Boss" as part of a pattern of designer's names, and you have publically stated that you "shouldn't have regged them", thus publically admitting that you did something wrong....
Ummm, what was your question?
Well, I'm off to crimeforum.com where there is an urgent question from a guy saying, "I just shot my wife because she was on my nerves. Yeah, it was cold blooded murder, but things are pretty boring here in the small town of Hartly, Delaware, with a population of only 50 people. Anyway, I'm thinking of blaming it on a burglar. Can anyone with experience in this kind of thing give me suggestions on how to fool the cops?"
"I'm no lawyer, but I can't see how boss.co.nz is in danger. Isn't that generic enough?"
You can't see how a public statement from someone saying he shouldn't have registered it pretty much relieves the prospective complainant from having to prove much of anything?
Folks, this is a public bulletin board. It is not some private bubble known only to you, and it is CERTAINLY not a place where specific legal advice should be solicited or rendered.
Any thoughts"
Yes. Don't let other people tell you what *you* think is the right thing to do. It's a good way to live.
I'm reminded of a post to a legal newsgroup one time where a guy asked what he should do if he found bugs crawling inside of a piece of food he bought.
I suggested that he not eat it.
Sometimes people have odd ways of figuring out what they want to do.
Fortunately for me, Hugo Boss has promised to send me a share of the proceeds they are going to take out your hide, now that I have alerted them to your post. "Boss" is usually a generic word, but now that you have demonstrated publically that you registered "Boss" as part of a pattern of designer's names, and you have publically stated that you "shouldn't have regged them", thus publically admitting that you did something wrong....
Ummm, what was your question?
Well, I'm off to crimeforum.com where there is an urgent question from a guy saying, "I just shot my wife because she was on my nerves. Yeah, it was cold blooded murder, but things are pretty boring here in the small town of Hartly, Delaware, with a population of only 50 people. Anyway, I'm thinking of blaming it on a burglar. Can anyone with experience in this kind of thing give me suggestions on how to fool the cops?"
"I'm no lawyer, but I can't see how boss.co.nz is in danger. Isn't that generic enough?"
You can't see how a public statement from someone saying he shouldn't have registered it pretty much relieves the prospective complainant from having to prove much of anything?
Folks, this is a public bulletin board. It is not some private bubble known only to you, and it is CERTAINLY not a place where specific legal advice should be solicited or rendered.
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- Joined
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Point well taken.
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Well, certainly there is a pattern, which shows bad faith, but if this goes to a dispute for the boss name, he can prove legitimate use to have the name point to a site that's not infringing. And, theoretically anyway, if you meet just one out of three points in a WIPO dispute, you should be able to prevail.
As I said, it depends how much you think the name is worth to see if you want to defend. It's not an automatic loss on that one name anyway.
As I said, it depends how much you think the name is worth to see if you want to defend. It's not an automatic loss on that one name anyway.
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