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DMOZ is it trademark?

Discussion in 'ODP / DMOZ' started by paidhosting, Feb 13, 2007.

  1. mjewel

    mjewel Prominent Member

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    #21
    Seems like you should have read my first post. You do not need a Federal Registration to establish a trademark. The US recognizes "common law trademarks" i.e. no Federal filing needed to have trademark rights. DMOZ is certainly a trademark.

    Insert foot two.
     
    mjewel, Mar 1, 2007 IP
  2. paidhosting

    paidhosting Peon

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    #22
    good point, but am I the "seller " in this case?

    Plus emailed aol about 2 weeks back nothing has come from their end probably my email ended up someplace in their "Ignore Legal Emails " folder.
    thing is probably dmoz would first go at dmozkiller.com , dmozsucks.org and other such domains trying to fake dmoz, but www.dmoz-resource-zone.com is neither trying to fake dmoz or bashing dmoz, its and effort to lend a helping hand to those interested in getting sites listed on dmoz, hence increasing dmoz's rating in anyway possible.
     
    paidhosting, Mar 1, 2007 IP
  3. mjewel

    mjewel Prominent Member

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    #23
    "Helping" or making a "positive" site does nothing to allow use of a trademark. DMOZsucks would actually be ok as the courts have ruled this free speech and the average person isn't going to think DMOZ runs that site.

    The name you picked certainly sounds like you are trying to portray yourself as being associated with DMOZ - but in any case, it is clearly infringement. If they wanted to, they could sue you or take the domain. My guess is that would contact you and ask you to take down the site before they would sue you (assuming they do anything) - but that is just my opinion.
     
    mjewel, Mar 1, 2007 IP
  4. paidhosting

    paidhosting Peon

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    #24
    K till than i wait for email i suppose first for the reply to the email i sent them or maybe for their domain takeover thing.

    But " DMOZsucks would actually be ok as the courts have ruled this free speech and the average person isn't going to think DMOZ runs that site."

    How if i made a domain : dmoz-sucks-sodoes-resource-zone.com it would have been fine than and dmoz would not have minded ?
     
    paidhosting, Mar 1, 2007 IP
  5. mjewel

    mjewel Prominent Member

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    #25
    If your intent was to build a site about how DMOZ or the resource zone sucks, then you probably won't have issues with the domain name. You always have to be careful about making statements of "fact" which aren't true (libel).

    This was found in the resource zone about someone asking about scottishdmoz.com:

    Trademark protects the distinctive identification of the creator. The name "scottishdmoz" might raise trademark issues. If you were using it for, say, a retail outlet for australian percussion instruments, then there's little likelihood of confusion with the California-based web directory. If you're using it for, say, a web directory, then there is much higher likelihood of confusion -- and that is an important consideration.

    The ODP changed its name a couple of times -- the original name, "Gnuhoo", aroused trademark protests from both the Free Software Foundation (home of the "gnu" operating system) and Yahoo.

    Bear in mind that AOL (a multinational company larger than either the FSF or Yahoo) owns the relevant trademarks. Even if you're totally disinterested in any possible ethical issues, even if you're completely unconcerned about your own personal reputation -- consider the economic cost of responding to just one boiler-plate "cease and desist" order. Bear in mind that domain-name-squatting is in particular bad odor with both the registrars and the courts right now. Ask a lawyer whether you wouldn't be well-advised to pay $6.95 to get a less risky name. And ask yourself if the possibility of causing confusion is really worth the economic risk?



    http://www.resource-zone.com/forum/showthread.php?t=44828
     
    mjewel, Mar 1, 2007 IP
  6. trichnosis

    trichnosis Prominent Member

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    #26
    dmoz is own by AOL&netscape . you will see [​IMG] , on top corner of every page
     
    trichnosis, Mar 2, 2007 IP
  7. paidhosting

    paidhosting Peon

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    #27
    Thanks for the flash, but we all know who owns dmoz.org:D
     
    paidhosting, Mar 2, 2007 IP
    minstrel likes this.