If I was to create an ecommerce company called "Green Amazon" with a similar business model like Amazon.com? If it is illegal, how can so many different news companies use "Tribune" for their company's name when their is already established "Tribune" news sources? Thanks in advance, - DigiP
Amazon is such a wide term, I'm not a knower in the e-law, someone else might answer. I'm interested as well.
IANAL, so I don't know what is the case exactly, but there might be several reasons "Tribune" is used widely: - the trademarked terms for newspapers are not just "Tribune", but "Tribune Company" or "Chicago Tribune". - the word "Tribune" may have fallen into the public domain. That is one of the issues with trademarks: if you have one, you have to defend them vigorously or you risk losing them. The term "Tribune" has been used in newspaper names since at least the early 1800s, so there is a long history there. As for Amazon, it's only a generic term if you use it to refer to the South American river. Amazon.com almost certainly vigorously defends its trademark by going after people who use the term "Amazon" to mean an online book, video and electronics store. If you search the US Trademark database (http://tess2.uspto.gov/bin/gate.exe?f=tess&state=mubgfv.1.1) you will find the term "Amazon" has actually been trademarked in a number of different areas. Amazon.com has the trademark for the following: If you are using the term "GreenAmazon.com" for any of the above uses, Amazon.com would likely argue that there was a likelihood of confusion between your site and theirs. The only definitive answer you can get, though, is from an attorney that specializes in trademark law. Before you invest your time and money, it only makes sense to have a consultation.
I agree with Nonny -- you need advice from a good lawyer who's a specialist in copyright and trademark law. Do NOT proceed until you get that advice. You could save yourself a world of trouble.
Nonny, thanks for the indepth reply, I appreciate that. I have another scenerio that perhaps you or someone else here can shed light on. What if Amazon.com launched it's business but didn't file a trademark for "Amazon" yet, would I have any legal liability if I created the same business model with GreenAmazon.com? I remember reading an article about how a company was able to claim another company's domain because they were the first to use the domain word as the company's name. However, I forgot if the company had a TM or not. Thanks in advance, DigiP
I think the TM that is registered as "used in commerce" (this is a checkbox option on the form) with proof would ultimately get the rights.
In the US you don't actually have to register a trademark to establish rights to it: http://www.uspto.gov/web/offices/tac/tmfaq.htm#Search005 So it can come down to who was using the name in business first.
Yes, it would be trademark infringement. Amazon's patents are also a concern put they would try to get an injunction to get you shut down right away under US trademark law.
In the US trademark rights are determined by first use, in other countries (China in particular) it's first to file. The famous case regarding this involves a Burger King somewhere in a small town in IL. They started right before the Burger King that has become the world wide chain. However, since they were the first to use the mark they have common law rights to use the mark. Yet, this use is not unlimited. It is limited to a reasonable geographic area i.e. the small town in IL. Thus, the BK we know has boxed in the BK that was the first to use the mark to that area. With online stuff it's not so easy because there are not geographic limits but one domain name could be limited to a certain business type (what they were the first to use it in). With the amazon mark you're playing with fire. It better be a totally different business e.g. no selling of goods or anything else they are doing. If it is you'll get destroyed. Hope this helps.
hypothetically, you could start a construction company called "Microsoft" without any retaliation...although somehow, some companies seem to bully their way around things..
Realistically, you could start a construction company called Microsoft, one of the most powerful and well-known trademarks on the planet, and you'll have a lot of explaining to do as to why you chose that name. Just stay away from famous trademarks that are heavily enforced. Period.
On a similar note, how can many niche video sharing YouTube clones survive with having either "you" or"tube" as part of their domain name? Why aren't YouTube going after them, they are quite a few successful YouTube clones. Is it because YouTube is a two word domain? Thanks in advance, -DigiP
Either because they don't know yet, their usage don't infringe the trademark's use, whatever. Not everyone is caught for speeding, but not everyone who's caught ultimately gets slapped with a fine or worse due to one thing or so. Only you can decide whether it's worth the risk or not.