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Trade Mark Issue
- Thread starter JB7
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Yes
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Generic for what?
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It seems to me that a company uses "cali" for "t-shirts, coffee mugs ectâ¦" and he wants to use "cali.com" for "t-shirts, coffee mugs ectâ¦" but the OP is trying to say that since cali is generic for California, he should be ok to use cali.com anyway he wishes...
So the answer would be yes, there is a problem with that. But then again, this is "only" a hypothetical situation.....
So the answer would be yes, there is a problem with that. But then again, this is "only" a hypothetical situation.....
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Then the domain owners needs a new lawyer...
Aspirin used to be a TM, but was diluted to a point where it is generic. It is a product and the TM is unenforcable because of the dilution. That is a case of a TM l;osing its uniqueness...
As far as generic names.....
Windows is generic... yet TMed
Champion is genereic.. yet TMed
Cheer is generic... yet TMed
Apple is generic... yet TMed (twice)
I could go on for pages with this....
As far how it is used is very important (but I will point out you orinially stated the domain would be in the same catagory as the TM holder in post #5)
a true genereic name can be TMed in different catagories, search "Apple" in this section and you will see many posts on it.
Aspirin used to be a TM, but was diluted to a point where it is generic. It is a product and the TM is unenforcable because of the dilution. That is a case of a TM l;osing its uniqueness...
As far as generic names.....
Windows is generic... yet TMed
Champion is genereic.. yet TMed
Cheer is generic... yet TMed
Apple is generic... yet TMed (twice)
I could go on for pages with this....
As far how it is used is very important (but I will point out you orinially stated the domain would be in the same catagory as the TM holder in post #5)
a true genereic name can be TMed in different catagories, search "Apple" in this section and you will see many posts on it.
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