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closed ipad2news.com
- Thread starter drgdrg
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This thread has been closed by the original author or DNF staff member.
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Question: Any suggestions?
Answer: Yeah...take a TM name and a TM product and create a site and sell TM products without the Permission of the manufacturer. Show their TM and registered logo as well. Ignore the C&D letters from the TM holder's law group and vigorously defend you name and site against any WIPO or other legal action.
Or,
contact the TM holder, tell them what your plans are, and get permission to feature their product, talk news, and potentially sell their product.
Answer: Yeah...take a TM name and a TM product and create a site and sell TM products without the Permission of the manufacturer. Show their TM and registered logo as well. Ignore the C&D letters from the TM holder's law group and vigorously defend you name and site against any WIPO or other legal action.
Or,
contact the TM holder, tell them what your plans are, and get permission to feature their product, talk news, and potentially sell their product.
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That is the whole point. You, me, forum members understand the legitimate use thing. But corporations, laws, and other interested parties don't particularly care about your "intentions" of legitimate use.
Without that implied consent, it is not really going to be viewed as legitimate use.
Sure, there are kazillions of sites that violate the consent laws. But things are changing. We really need to be concerned about what is legitimate use.
Even when you use an image. Take a look at this pitiful situation that happened to a local kid:
http://www.wxii12.com/news/26956369/detail.html
I really feel bad for him. Hopefully things can be worked out. But the company Righthaven has been very, very brutal and serious in their attacks and taking people to court.
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I have a similar name and I always have the concern to develop it, although there are lots of sites out there with this TM word in their domain .
Is it a good idea to contact the TM holder for permission first? I'm afraid that they won't agree or they want the domain back...I payed good money on the domain...
Is it a good idea to contact the TM holder for permission first? I'm afraid that they won't agree or they want the domain back...I payed good money on the domain...
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TM name, I would get rid of it!!
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News desk with related news aboard and gain your profit from google ads. That is all what I can recommend you.
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Not a lawyer, but I don't see an inherent trademark infringement here. So you use Ipad in a domain name. It is no different than using it on your site with articles, reviews, etc.
If your purpose is to disseminate information created by others about the ipad via a forum, for example, how else would you accurately describe what the site does? Maybe you have a forum with 20 boards, and all of them use Ipad in their title. Are you infringing on a TM simply because you have a board titled "Ipad Tips and Tricks" even if the site is called something else that doesn't have Ipad in the domain? It's pretty silly to imagine it would be.
Is Ford suing all the Mustang sites? I don't think so - they are still all up and running.
If your purpose is to disseminate information created by others about the ipad via a forum, for example, how else would you accurately describe what the site does? Maybe you have a forum with 20 boards, and all of them use Ipad in their title. Are you infringing on a TM simply because you have a board titled "Ipad Tips and Tricks" even if the site is called something else that doesn't have Ipad in the domain? It's pretty silly to imagine it would be.
Is Ford suing all the Mustang sites? I don't think so - they are still all up and running.
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Thats right, you aren't a lawyer, but maybe read through the legal sections first. Just because other people do it and aren't caught, doesn't make it right.
If you see people shoplifting and they dont get caught, does that mean you can go and do it.
I'm sure there are plenty of "Mustang" sites around, do you really think Ford has the time and energy to chase everyone. I think they would focus their time on names like FordCars.com or Mustang.com (just examples, have no idea what they are??)
If you see people shoplifting and they dont get caught, does that mean you can go and do it.
I'm sure there are plenty of "Mustang" sites around, do you really think Ford has the time and energy to chase everyone. I think they would focus their time on names like FordCars.com or Mustang.com (just examples, have no idea what they are??)
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I've read a lot of the "cases" from TI threads and have formed the conclusion that merely using a product name (even if TMed) in a URL, is not automatically an infringing use. There are criteria that must be yet. Can you be UDRPed and lose the name even if your use does not meet the criteria? Sure, possibly. Will it cost you a lot of money to defend a lawsuit. Possibly. But that doesn't mean it is "wrong" or somehow by default, an infringement. You have to be engaged in some specific activities to infringe, even if you have no IP rights in the use of the domain you registered.
There is such a thing as non-infringing use, and a news site about the iPad2 would almost certainly qualify as such, particularly if it is make perfectly clear to visitors that the site is not the property of Apple, not affiliated, etc.
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