Is it legal to have site name as time2ask.com , when ask.com is a registered company

Discussion in 'Legal Issues' started by sooribabu, Dec 14, 2010.

  1. Dave Zan

    Dave Zan Well-Known Member

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    #21
    Okay, I'll bite. And feel free to verify this with a licensed legal expert with a lot of real-
    world experience, and I can point you to some if you want.

    If both are used in their generic or descriptive sense, then neither can force the other
    give the domain to either. If you use NY Taxi to describe New York taxis, you really can
    still use NY Cab to describe New York cabs.

    Consider a twist to that scenario.

    Let's say you use NY Taxi to sell T-shirts. I might not....and I emphasize might not....be
    able to use NY Cab to similarly sell T-shirts because users might confuse me with you.

    I notice this to be a common problem among some people: that some common words are
    automatically assumed to be generic no matter what. So if you come across, say, Shell.
    com, then it's so-called generic or common.

    Well, Shell is also a trademark in the context of petroleum products. You can still use it
    to describe maybe a mollusk or something else, but not to sell oil because someone else
    is already doing that.

    In short, a question is how exactly is the generic or common word used in what context.
    Again, it's fine to use such in its generic, common or descriptive sense, but it is not ok if
    somebody else is already utilizing it in a distinctive manner.

    Probably to help understand this a bit, it boils down to first showing if one indeed has a
    trademark on the word/s in question. Generic words can't become trademarks if used in
    their generic or descriptive sense, but again can still become such if used distinctively or
    has acquired a secondary meaning among the consuming public.

    Of course, that's simplifying it as mjewel said. In reality, domain-trademark disputes can
    involve a variety of factors like that one, consumer perception, strength of mark, etc.

    Going back to the OP's original question: s/he could register and use any of those domain
    names as long as it doesn't possibly cause confusion with its trademark namesake, if any.
    And again, it doesn't just depend on the name as other factors might be involved.

    If someone believes they have a trademark and someone's infringing it or capitalizing on
    it, let them demonstrate it if they can. Disputes happen daily, and that's what lawyers,
    judges and mediation panels are for.

    (And don't keep a strawman in your basement during New Year's...)
     
    Dave Zan, Dec 15, 2010 IP
  2. tech4

    tech4 Well-Known Member

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    #22
    I am not doubting that you are risking a large sum of money. But you can agree that generic domain names do win in courts? Sure they lose sometime, likely because they don't want to go to court anymore, because it cost too much. But it is valid, to answer the OP's question.

    Yes, you have a legal right.

    About cost, I do agree that MJ is right, and others here that cost will be something that will stop small businesses from going down the court, in most cases.
    But if you have a fearless personality and have a successful business model, don't let ebay boss you around.

    I wouldn't. But that's just me.
     
    tech4, Dec 15, 2010 IP