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Domain Discussion
Domain Name Legal Issues
If someone registered a Swiss TM can I buy and use the .com
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<blockquote data-quote="ukbackorder" data-source="post: 2274145" data-attributes="member: 5382"><p>It would depend upon various factors. However the obligatory disclaimer - I'm not a TM lawyer and what I say is only an opinion. You should seek a legal response from someone with the qualifications.</p><p>As I understood (some) TM law you could use a domain in a completely different capacity that could in no way be trading on the goodwill of established business of the tm holder. eg mcdonalds.com selling farm animals as opposed to burgers... although actually that's a bad example because I guess you need some of the former for the latter <img src="data:image/gif;base64,R0lGODlhAQABAIAAAAAAAP///yH5BAEAAAAALAAAAAABAAEAAAIBRAA7" class="smilie smilie--sprite smilie--sprite7" alt=":p" title="Stick Out Tongue :p" loading="lazy" data-shortname=":p" /> Ok apple.... sell apples no problem... sell mobile devices - issues.</p><p>I wouldn't touch logos from a TM with a bargepole. There are separate marks for separate things.</p><p>Basically unless the term is reasonably generic I wouldn't risk it.</p></blockquote><p></p>
[QUOTE="ukbackorder, post: 2274145, member: 5382"] It would depend upon various factors. However the obligatory disclaimer - I'm not a TM lawyer and what I say is only an opinion. You should seek a legal response from someone with the qualifications. As I understood (some) TM law you could use a domain in a completely different capacity that could in no way be trading on the goodwill of established business of the tm holder. eg mcdonalds.com selling farm animals as opposed to burgers... although actually that's a bad example because I guess you need some of the former for the latter :p Ok apple.... sell apples no problem... sell mobile devices - issues. I wouldn't touch logos from a TM with a bargepole. There are separate marks for separate things. Basically unless the term is reasonably generic I wouldn't risk it. [/QUOTE]
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Domain Discussion
Domain Name Legal Issues
If someone registered a Swiss TM can I buy and use the .com
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