base on what I read...this guy could lose his domain name, but I don' think this guy should have to pay that much. Did it really cost them that much money? that's retarded...and how can they prove that? If he doesn't want to be like that nissan guy, just give up the domain and go with a new domain.
No where in my post did I say anything about his name giving him rights. I said the only trademark I could find, owned by Dell Computers, Inc, related to websites, was abandoned. The active trademarks I could find all related to hardware, building computers and servicing computers. It seems unlikely that Dell would abandon a trademark and not have filed for similar protection under a different trademark, so I'm sure they will win. Just stating what my 30 minutes of research found on the subject.
I can't believe I read this whole thread. mjewel is spot on with his interpretations of the law, although I can't believe he kept addressing iatbm who is basing his analysis on feelings. The most intersting post in this whole thread is this one: That being said as great as mjewel's posts have been, after reading iatbm's responses I feel like banging my head off the wall
yfs you dont understand that in some countries you have to register your company by your name and then you get domain name .. example yournamecompany.si ( for slovenia ) and then if your name is a trademark it doesnt matter .... no one has the case .... because of contradictory situation but that is because laws are not exact
Registering a company has nothing to do with trademark law. You can register any company you like at the time, but trademark law will always overrule a simple registration with a local companies office.
ChevyChase Bank tried to sue the actor Chevy Chase for his website and lost. His website had nothing to do with a bank. People are just bullies.
Although Chevy Chase hasn't been funny in years so maybe he shouldn't be allowed to have that domain.
You'd notice he has AdSense.. Wouldn't have Google pulled him up on it when he applied? Does this mean I'm gonna be sued for using Laws in one of my names! Ooo, scarey.......
1. this is all about bullies. 2. what the heck that small dell do which cost them damage big $$$$$$$?? did small dell go to their factory and fire up ?? this is b.s. no need to file up until that figure.
So its wrong just because they are big? What if you invested a signifigant amount of your profit into developing your brand name just to have someone else try to profit off it. If they weren't making a lot of money, would you then not care? Would you wait until they starting making a lot of money to do anything?
i agree with you fryman, the guy could've chosen his name. but dell (the real dell) don't make websites do they? they're vying over seperate terrority imo. i mean if the other dell guy was making custom computers yeah then fuck that shit.
Your honor, I would like to further establish that my client's trademark is well established withing the court of public option, and submit this: It has been recognized on the highly revered internet forum, Digital Point that my client, Dell Corporation, is "the real dell".
So what do you guys think about buying domains that have a trademarked name in them and use them as adsense websites? Is this asking for trouble? I currently own several domains that have a hotel brand in the name plus the location of the hotel. Is there any creative ways of using them that doesn't risk gettting sued? Like maybe they are noncommerce with links back to a primary domain? I've heard of disney coming down on people that use their brand so does that mean a website could not do a travel commerce article on disney and not risk getting sued. where is the line drawn? It seems to me there's not much difference between having content on the tradmarked item and having a entire website devoted to the trademark. Other than the domain generates alot more attention. Maybe the worst case senerio is you start a company that that operates these hight risk ventures and if you get sued at least your not risking your personal assets. Sorry if I've taken this topic off thread but I think that the inital thread generated so much buzz becuase we want to know how it pertains to each one of us.
So what do you guys think about buying domains that have a trademarked name in them and use them as adsense websites? stupid Is this asking for trouble? I currently own several domains that have a hotel brand in the name plus the location of the hotel. yes Is there any creative ways of using them that doesn't risk gettting sued? Like maybe they are noncommerce with links back to a primary domain? make up a new name I've heard of disney coming down on people that use their brand so does that mean a website could not do a travel commerce article on disney and not risk getting sued. where is the line drawn? wherever who's sueing feel like It seems to me there's not much difference between having content on the tradmarked item and having a entire website devoted to the trademark. Other than the domain generates alot more attention. ok Maybe the worst case senerio is you start a company that that operates these hight risk ventures and if you get sued at least your not risking your personal assets. why not just be smart? Sorry if I've taken this topic off thread but I think that the inital thread generated so much buzz becuase we want to know how it pertains to each one of us.
Well then where is the line drawn? I'm sure everyone on this list uses keywords that are trademarked and with Yahoo ending the ability to bid on trademarked names this is the first step in locking the most of us out of commerical markets. To summarize: Trademarks in Domain = Stupid Trademarks in Overture Ads = Can't do Trademarks and Meta, Page Titles, and Article Content = Next?
Just to clarify a fine point - you can't use trademarks in any ads - overture or otherwise. What Overture did was take it one step further and say you can't use trademarks in your key phrases. So on google, you can't use the word "Kleenex" in your ads, but you can display an add for 'Nose Blowers' if someone searches on 'kleenex'. On overture, you can't even do that anymore. As an advertiser, I don't like this rule. But really, it's the right thing to do. If I had a trademark I'd be plenty steamed at my competitors advertising on my keyphrase when consumers were looking for my trademark. I think that's even exactly what trademarks are designed to protect against.
Its not a case of who will win. It's a case of who will break on costs first. Somehow I doubt if it will be Dell!! Litigation is ll about who has got the deepest pockets!