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Imyspace.us

Discussion in 'Legal Issues' started by ottodo, Sep 7, 2006.

  1. #1
    Hello,
    I bought this domain www.imyspace.us, i want to install som codes and layouts
    is it againts myspace.com? or is it illegal to use this domain??:confused:

    Cheers
     
    ottodo, Sep 7, 2006 IP
  2. bigrollerdave

    bigrollerdave Well-Known Member

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    #2
    Yes the domain is illegal you're using a trademarked domain to make a profit.
     
    bigrollerdave, Sep 7, 2006 IP
  3. Connections

    Connections Well-Known Member

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    #3
    illigal because it has "myspace" in it and illigal becuase its in the same market as myspace...they can take it down if they desire
     
    Connections, Sep 7, 2006 IP
  4. Hobbit2

    Hobbit2 Active Member

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    #4
    IMyspace.us - make the Y stand for something else, or come up with something creative for imy.
     
    Hobbit2, Sep 7, 2006 IP
  5. slinky

    slinky Banned

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    #5
    According to whom?
     
    slinky, Sep 7, 2006 IP
  6. jackslounge

    jackslounge Peon

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    #6
    find something that IMYS stands for, and relate it to pace :D
     
    jackslounge, Sep 7, 2006 IP
  7. slinky

    slinky Banned

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    #7
    Just because someone may have a trademark on a name does not mean that they own the trademark for everything under the sun, including what is contained within a domain that uses plain words. This isn't such a black and white case of infringement as you think. Do a search for who owns myspace trademarks.

    Maybe he should have a cartoon character called "Imy" and on his space he should sell all sorts of things. Trademark infringement? Maybe. Will myspace prosecute? Doubtful. If they did it would also alienate their community.

    It will be interesting to see if this is infringement. A case which could be helpful but still not exactly determining is one against a real estate company trying to use the name "myspace". A hosting company owns a trademark to use the name in a dating service. imyspace? Good question. Debatable. Bottom line question: will anyone prosecute? Just my two cents. :)
     
    slinky, Sep 8, 2006 IP
  8. Barti1987

    Barti1987 Well-Known Member

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    #8
    With such domains, as long as you do not create competing/related websites, you won't be bothered.

    Peace,
     
    Barti1987, Sep 11, 2006 IP
  9. volatile

    volatile Peon

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    #9
    I wouldn't worry about it, there are thousands of sites with "myspace" in their domain, and I don't think any of them have been sued.
     
    volatile, Sep 11, 2006 IP
  10. jquindlen

    jquindlen Notable Member

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    #10
    Not sued, just issued cease and desist emails and have had their domain names taken away from them.
     
    jquindlen, Sep 12, 2006 IP
  11. Flamerid

    Flamerid Active Member

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    #11
    No mean to offend but I'm going to be honest.. that has got to be the most idiotic thing I've ever heard. :cool:

    Myspace.com owns all trademarks associated with it but not the 'words' itself. Myspace does not own 'my' and 'space'. It's the same as you creating a website called 'GHB-Games-Pot.com' and then suing Game Spot for copyright infringement. Even if you bought a domain such as 'marioparty9.com' when there is no such site but a game 1-8, there's little the company can do besides try to buy it from you.

    My point is; the domain, logos, images, unique material, and code is copyrighted to 'Myspace.com' as an entity and not as anything related to 'Myspace' as a word. It's the reason why there's many different versions of things such as; pokemon, digimon, monsteranch, beyblade, etc. All based on the same ideas.. half of them with 'mon' and slight modifications, but all rather the same. The same idea applies to websites.

    HOWEVER, even if this may be legal it doesn't mean that myspace's billions of dollars couldn't sue the site from right from under your nose. Everybody knows that you can 'sue' for anything if you have power-- money to do so.

    If you want an honest opinion and possible assumption of what might happen, then absolutely nothing as long as you don't claim that you ARE myspace.com and steal any of their copyrighted materials.
     
    Flamerid, Sep 13, 2006 IP
  12. Tekime

    Tekime Well-Known Member

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    #12
    When it comes to trademark infringement it is rarely a black and white issue of legal or not legal. Most infringement suits follow lengthy arbitration procedures for just such a reason. Infringement depends on several factors, and to determine if a mark is confusingly similar follows an eight part test:

    • Strength of the priority mark
    • Proximity of the goods and services
    • Similarity of the mark
    • If the goods are not similar, then the likelihood the priority company will bridge the gap
    • Actual confusion
    • Intent to benefit for the priority mark holder's good will
    • Disparate quality
    • Sophistication of Consumers

    Unless you are trying to claim the MySpace name as your own, your site is a defamation of MySpace, or you are providing a competing service and leveraging the MySpace identity to your advantage, the above guidelines won't come into play.

    I have yet to hear of MySpace actually suing anybody. They know damn well that MySpace resource sites are adding value to their service. Unless the site is creating competition or damaging the MySpace name, I see no reason why MySpace lawyers would even care in the first place, let alone file suit. This doesn't mean they won't, just that it would be highly unlikely to see more than a Cease & Desist, if anything.
     
    Tekime, Sep 13, 2006 IP
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  13. slinky

    slinky Banned

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    #13
    Having more than just a casual observer's knowledge of the people steering MySpace's direction, I'll add another factor to this excellent post. If they sued young people who did not affect their bottom line, it would alienate their community in a flash. If users heard that their site was vigorously pursuing users who seemed to relatively innocuously borrow from the name without creating a confusion, users would flee. After all, myspace is about "freedom to express yourself."

    This is the opposite of Monster Cables and the monster trademark. They pursue everyone. This article is one of numerous I've seen. I don't pay for their cables because they aren't worth the money but the point of this article is why I can't imagine anyone would want to support Monster Cable Products - imagine what would happen to MySpace if they pulled these shennanigans!

    http://www.sfgate.com/cgi-bin/artic...hive/2004/11/08/BUG1J9N3C61.DTL&type=business
     
    slinky, Sep 13, 2006 IP
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  14. volatile

    volatile Peon

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    #14

    Wow, I had no idea Monster Cable was sueing everybody who uses the word "monster". I think it's pretty ridiculous, and I'll be sure to never buy any cables from them in the future.
     
    volatile, Sep 14, 2006 IP
  15. Tekime

    Tekime Well-Known Member

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    #15
    This is definitely a good example of a company working against their customers! Apparently their approach is to bombard the market, and just do everything they can to dominate the Monster name. Perhaps it's working for them, but it doesn't say much for their confidence in the products they sell, and I've seen more than a few enemies made by the tactics of Monster Cable. Yeesh.
     
    Tekime, Sep 14, 2006 IP