question about trademark infringement

Discussion in 'Legal Issues' started by diatre, Sep 10, 2009.

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  1. #1
    if i was going to write an ebook on lets say how to fix an xbox360 yourself,
    would I need to get permission from xbox to write it?
    I have seen other xbox360 ebooks like that and I highly doubt xbox gave them permission to write it since they are losing money from them.

    any help/advice would be appreciated.

    ps- im not actually planning on an xbox ebook but its along those lines
     
    diatre, Sep 10, 2009 IP
  2. theapparatus

    theapparatus Peon

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    #2
    Off the top of my head, I wouldn't say there was an issue. I see repair material for everything else like cars and VCR's.
     
    theapparatus, Sep 10, 2009 IP
  3. Dave Zan

    Dave Zan Well-Known Member

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    #3
    Practically, yes. And do other people violating speed laws tell you whether
    something is allowed or not?

    Not all people who violate speed laws get caught, and the police catch who
    they can. Those they do nab...well...who knows?

    The catch here is certain parties won't allow others to use their trademark in
    their domain names for whatever purpose without their "permission", although
    there have been few exceptional cases (especially non-commercial use). And
    if someone asks does Microsoft sue for this:

    http://tcattorney.typepad.com/domainnamedispute/2007/12/microsoft-sues.html

    They will if they choose to.
     
    Dave Zan, Sep 10, 2009 IP
  4. browntwn

    browntwn Illustrious Member

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    #4
    Dave,

    He is not asking about using the term in a domain name. He is simply asking if he can write a book on the topic.

    I do not think there is a legal problem with him writing a book on the xbox360. Using logos and other things he might need permission for but he certainly has the right to write about the xbox360, provided he is not giving a guide for doing anything illegal.
     
    browntwn, Sep 10, 2009 IP
  5. jehnidiah

    jehnidiah Active Member

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    #5
    There is absolutely no problem with using their name in your ebook. Be clear that your guide is NOT an official guide provided by Xbox and you'll be fine. The entire point of a trademark in the first place is to make sure the consumers aren't confused -- if you're clear and attribute the TM to its appropriate owner, you'll be fine.
     
    jehnidiah, Sep 11, 2009 IP
  6. Dave Zan

    Dave Zan Well-Known Member

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    #6
    Blech, that's what happens when one doesn't read closely. To think I'm going
    to have an eye exam in a few hours.
     
    Dave Zan, Sep 11, 2009 IP
  7. diatre

    diatre Peon

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    #7
    thank you so much for the information. and yes you are right, i am talking about a book not a domain.
     
    diatre, Sep 14, 2009 IP
  8. Blindkilla

    Blindkilla Active Member

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    #8
    My thoughts exactly. As long as you aren't going around saying that it's an official guide you should be ok.
     
    Blindkilla, Sep 14, 2009 IP