Infringement of OSCAR® Mark (what the hell!)

Discussion in 'Legal Issues' started by Giamatti, Apr 17, 2009.

  1. bunbunx2

    bunbunx2 Peon

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    #21
    it should be fine.
     
    bunbunx2, Apr 22, 2009 IP
  2. Pixelrage

    Pixelrage Peon

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    #22
    What are they really going to do to him? Take him to court over a domain name that has nothing to do with their business category? They know it's a guaranteed loss.
     
    Pixelrage, Apr 22, 2009 IP
  3. browntwn

    browntwn Illustrious Member

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    #23
    And your company will just let people piss all over and misuse their trademarks?

    In this case, if you believe the OP, then he has a legal right to use the name. However, the mark owner has every right to send the letter and try to get any infringement to end before it even starts (Obviously, they are writing the letter based on the domain name alone and they do not know how it will be used. It makes sense for them to assume that anyone using the name Oscar is infringing on their mark and the deal with the few exceptions as they come up.)

    And yes, if there was an infringing use of a domain name I would expect them to take further action up to and including a federal lawsuit.
     
    browntwn, Apr 22, 2009 IP
  4. Pixelrage

    Pixelrage Peon

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    #24
    It's nothing but an empty threat and I'd call their bluff. Under that mentality, Sesame Street should send him a C&D because it infringes on Oscar the Grouch.
     
    Pixelrage, Apr 22, 2009 IP
  5. browntwn

    browntwn Illustrious Member

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    #25
    It is pretty simple. If he is using the site for anything to do with the movie awards they would come after him. If it has nothing to do with the movies they would not. We established that in the first post I made on this thread.

    You are now defending the position that no company follows up on these threats and that they are all just a bluff. You base this on your 'experience' at the company you are employed by, because you say they don't follow up. Who cares what your company does when there are hundreds of other companies that do follow up.
     
    browntwn, Apr 22, 2009 IP
  6. Pixelrage

    Pixelrage Peon

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    #26
    You are defending the position that Oscars' claim is legitimate based on your opinion, who cares what your opinion is? Same difference.

    I still fail to see how he is going to get in trouble for registering a generic domain that has nothing to do with the Oscar awards.
     
    Pixelrage, Apr 22, 2009 IP
  7. GrotesqueGoddess

    GrotesqueGoddess Peon

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    #27
    Don't let them bully you! It has nothing to do with them. What's next? Are they going to try to prevent people from naming their child Oscar?
     
    GrotesqueGoddess, Apr 22, 2009 IP
  8. Dave Zan

    Dave Zan Well-Known Member

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    #28
    If a domain name bearing a trademark shows ads of competing services of the
    mark, coupled with various decisions supporting a mark holder's infringement
    claim on that exact situation, doesn't show you how the OP can possibly and
    potentially get into trouble, then I guess nothing will. Same goes for everyone
    else who do not seem interested in learning how and/or why this thing occurs,
    and would rather tell the OP to fight something they know nothing of.

    True, anyone can do that even as a bluff. It then depends if they're remotely
    capable of enforcing their claims, especially if someone sees through the bluff
    and calls them on it.

    As browntwn already said, it's been established from page one how. I guess a
    few people just don't care anyway.

    Heck, no. The Oscar folks don't have to do that, and it'd be extremely foolish
    on their part to even consider it.

    If people just stop being emotional about these things and think them through
    even a bit, one can learn something and try to prevent it from happening to
    them.

    For those who just came in and are probably too lazy to read the thread from
    the start, the OP said the domain name was already deleted with Go Daddy.
    There's no sense telling him to resist the bullying and what-not when it's done
    deal.
     
    Dave Zan, Apr 23, 2009 IP