Infrige trademark with forum content?

Discussion in 'Legal Issues' started by deluxemall, Nov 16, 2009.

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  1. #1
    For example, i run a bag forum where I allow members to buy and sell bag

    In the heading of each forum section I put each brand name, for example P R A X X and members are allowed to post their P R A X X bags there for sale. The second section I put C O A X X so for...

    I have already indicate very clearly on the front page of the website that

    Am I infringing their trademark?

    For example something like this
     

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    deluxemall, Nov 16, 2009 IP
  2. mjewel

    mjewel Prominent Member

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    #2
    Having forum titles as you described is not going to be trademark infringement and I'll assume your domain name does not contain a trademark.
     
    mjewel, Nov 16, 2009 IP
  3. point2

    point2 Active Member

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    #3
    No you don't didn't cause infringe trademark..
     
    point2, Nov 16, 2009 IP
  4. deluxemall

    deluxemall Peon

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    #4
    no the forum title has no infringement of trademark

    But if the forum allow members to buy and sell bags.

    If a few members post fake bags, will LV go after them or after the forum owner?

    For example, ebay has been sued by LV and other brands for selling fake bags

    http://edition.cnn.com/2008/BUSINESS/06/30/louis.vuitton/index.html
     
    deluxemall, Nov 16, 2009 IP
  5. browntwn

    browntwn Illustrious Member

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    #5
    If your site is being used to sell knock-off bags, and you are aware of this, yes you can be held liable. You cannot create a marketplace for stolen or knock-off goods.
     
    browntwn, Nov 19, 2009 IP
    robjones likes this.
  6. theapparatus

    theapparatus Peon

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    #6
    Agreed but that's not going to stop them from complaining or suing if they feel the need.
     
    theapparatus, Nov 19, 2009 IP
  7. mjewel

    mjewel Prominent Member

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    #7
    You can sue for anything, even using the name in a metatag - but as far as I know, there has never been a successful suit for a sub-folder - and I don't even think a sub-domain (there was one with google that was settled before it went to trial).

    http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=6th&navby=docket&no=03a0111p
     
    mjewel, Nov 19, 2009 IP