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Is this a Trademark Violation?

Discussion in 'Legal Issues' started by lawdog, Oct 26, 2006.

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  1. #1
    I have been sent an email from trademark holder of VRBO.com for using VRBO in my title and description tags. The site I am using it for is a site about VRBO (Vacation Rentals By Owner) I am using the term in a descriptive way. Below is an example of how I use the term in my tags.

    Title:
    Review vacation home websites and directories on VRBO at major resort areas in South Africa.

    What do you think? The mark is registered
     
    lawdog, Oct 26, 2006 IP
  2. fathom

    fathom Well-Known Member

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    #2
    Legally you could fight it "if" they are not actively involved in South Africa. I would say "fair use" applies.

    Trademark infringement with respect to the borderless Internet is a pretty big "grey area".

    However,

    http://www.chillingeffects.org/dmca512/notice.cgi?NoticeID=1441

    They have shown in the past they are willing to go to the next level with TakeDown orders and search engines "WILL BLOCK".

    Your recourse is then a counter-claim thus they must file court action in 14 days or search engines will reinstate your alleged infringing material.

    You will lose the content for for 2 weeks in this case - but it you are up to "playing poker" I would suspect their legal team will ignore you (provided they have no interests in South Africa).

    It's your bluff to take.
     
    fathom, Oct 26, 2006 IP
  3. fathom

    fathom Well-Known Member

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    #3
    A quick check and they do service SA... the fact that their trademarks specifically state 'global network' e.g. the Internet and not a physical presence...

    Therefore I would interpret you have the ability to advertise the mark 'locally' as in newspapers, magazines, brochures, flyers, etc. but a "likely" sledge hammer lawsuit if you ignore their C&D online.
     
    fathom, Oct 26, 2006 IP