short form & generic words infringement?

[1234567]

We have 2 domains as follows:

1. AB.com which can stand for short form of Axxx Bxxxx Develoment Ltd, but there are also some cos thru google search having "AB" as part of their co names e.g. AB Consulting co Ltd, AB Constrction Ltd.

2. LocationConstruction.com where it can be interpreted as:

a. generic words about the Construction in that Location

b. the short form of a giant co which commonly known short form is Location Construction


We have received legal letters from their lawyers claiming we are infringing their rights. How strong are their cases given in Case 1 some other cos are also using the short form, and in Case 2 the name can be generic words?

Can we further protect our rights by setting up co with name containing the words? How strong is it if we do it now after receiving the legal letters?

Pls kindly help.

 

[Dave Zan]

How strong are their cases given in Case 1 some other cos are also using the short form, and in Case 2 the name can be generic words?

Unfortunately no one's going to know without a full appreciation of facts. But
then, those are something you should discuss with a lawyer who specializes
in this right away rather than posting in an online forum.

Can we further protect our rights by setting up co with name containing the words? How strong is it if we do it now after receiving the legal letters?

At this point it makes no difference, especially if the other party is smart.

 

[1234567]

Unfortunately no one's going to know without a full appreciation of facts. But
then, those are something you should discuss with a lawyer who specializes
in this right away rather than posting in an online forum.



At this point it makes no difference, especially if the other party is smart.

If we have a co name with the challenged name (short form or generic name), why is it making no difference? Short form or generic name can be universal and no one can claim exclusive rights?

 

[DNQuest.com]

Self-interprestation is usually slanted to... well, ones self.

There isn't enough to go on, you also did not state how the domains are being used (like "Bad faith" usage). Since your examples are more trying to discredit the alleged TMed parties not to strengthen your own position, I will assume they have some sort of rights to the names.

Example 1 - IBM can stand for anything and there are multilpe companies who use IBM. But if you go into the technology/computer field, we all know what IBM stands for. So if I had a domain with IBM in it and sell computers, then I am fighting an uphill battle.

Example 2 - When 1 or more "generics" are used in a particular fashion where they gain secondary meaning in a certain field, they may not be concidered generic anymore, but a TM.

As far as what you d with the domains AFTER you are contacted, usually it doesn't matter. They have (or should have if they are any good) screen shots of bad faith usage. And judging by the way you written the sentence, it seems you want to change the bad faith and make it into good faith. May not help you. Plus it could be an admission of guilt.

Are the two domains related? You mention the short form of example 2, are you referring to example 1 with that? Just curious.

Usage plays an important part in establishing good/bad faith. How are they being used?

 

[1234567]

Self-interprestation is usually slanted to... well, ones self.

There isn't enough to go on, you also did not state how the domains are being used (like "Bad faith" usage). Since your examples are more trying to discredit the alleged TMed parties not to strengthen your own position, I will assume they have some sort of rights to the names.

Example 1 - IBM can stand for anything and there are multilpe companies who use IBM. But if you go into the technology/computer field, we all know what IBM stands for. So if I had a domain with IBM in it and sell computers, then I am fighting an uphill battle.

Example 2 - When 1 or more "generics" are used in a particular fashion where they gain secondary meaning in a certain field, they may not be concidered generic anymore, but a TM.

As far as what you d with the domains AFTER you are contacted, usually it doesn't matter. They have (or should have if they are any good) screen shots of bad faith usage. And judging by the way you written the sentence, it seems you want to change the bad faith and make it into good faith. May not help you. Plus it could be an admission of guilt.

Are the two domains related? You mention the short form of example 2, are you referring to example 1 with that? Just curious.

Usage plays an important part in establishing good/bad faith. How are they being used?

Thanks for your input.

The 2 names are not related but they are of the same group of cos, both are giant cos' short forms.

Now they are parked with DS and is it bad faith?

 

[DNQuest.com]

depends, but it could be interpreted that way...