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Trademark Infringement

mattmcan
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Joined: 08 Jun 11
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Trademark Infringement

So I was wondering, what are the rules when it comes to a plural form of a trademark... As I understand it someone who owned a business and a domain called credit card (creditcard.com) wouldn't really have much of a case against someone with a related business and domain of credit cards (creditcards.com). However Facebook would have a good case against someone who created a domain called (facebooks.com)

My question is would a company who for instance made tea and trademarked the name Tea Way with the domain teaway.com, have a case against someone who ran a blog about the various ways of tea (production, consumption and the like) called Teaways.com given that it likely monetizes partially with competitors of Teaway.com?
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cecille.l
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My take on this is teaway.com can bring a case to teaways.com if teaways.com at any point, or part of their website, copies the teaway logo or has a logo similar to teaway.com that can be mistaken as teaway.com's logo. Or uses the teaway name in a derogatory way or in such way that teaway will lost its customers.

Hope that helps. Have a good day!
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Cecille


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mattmcan
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Thanks.. That eases my concerns a good bit.. Would hate to build up a web property only to have it taken away when it became profitable.. But on the other hand, finding catchy domains within a theme that don't resemble any other domain is a tricky thing to do...
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viper007
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I don't know whether or not the case above is abstract or real, but in Australia and most other places, it is illegal to engage in conduct likely to confuse people in terms of the traders, even without a registered trademark. When trademarks are brought into the equation, it is best to steer clear, especially if it is the words alone that are registered and without a logo.
Ownership of trademarked words for a given industry type gives the trader a monopoly on them and woe betide anyone who uses those words to promote a rival business!
So for example, we own the trademark "snake man" for all things reptile in several jurisdictions including Australia and the USA. Now if someone registered a web domain "snakeman" and traded for the same sort of thing. We'd be hitting them up for infringement and closing them down.
Now in our case we also have the registered trademark "snakeman", but it isn't really neccessary to protect our turf.
Ditto if someone took a domain "snakemen" to flog the same sort of stuff.
There is a stack of legal precedents of bootleggers getting stung hard for ripping off trademarks by doing SEO to jump them in search. We list some on a website.
We have successfully actioned several bootleggers for this very act and are in the process of dealing with two bootleggers this week of one of our registered trademarks (two trademarks for the same words), who have used black hat SEO to usurp us in search by both posting backlinks for themselves using the registered trademark words in metatags, anchor text and the like and simultaneously "link boming" our site to knock it off the top of Google. The cost to us (and gain to them) is measurable in the tens of thousands of dollars!
All the best
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The Snake Man, Melbourne, Victoria, Australia. Melbourne Reptile shows, childrens birthday parties and kids party displays Victoria http://www.snakebusters.com.au
 

This topic was started on Jun 14, 2011 and has been closed due to inactivity. If you want to discuss this topic further, please create a new forum topic.