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Old 06-01-2005, 12:40 PM  
GenX Law
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Join Date: Sep 2004
Location: San Diego
Posts: 78
1) Putting up sex links
Go to www.uspto.gov.

Search trademarks for "the simple life" - Look at the nature or field that the brand "the simple life" is trademarked under. If doesn't include Internet, specifically in the nature or field adult entertainment. Then should be fine regarding trademark claim.
e.g. Apple is trademarked name.
Using a domain name with "apple" in to to sell: Shoes, or wine - OK
Using a domain name with "apple" to sell: computers, software etc, not OK (in nature or field)

However, Fox could have a disparagement of trademark claim against you, if not a direct trademark infringement claim, bc argument is that you would be using trademark name (domain name) to promote porn disparages their TM name.

2) Selling DVD of Simple Life on domain name.

Slam dunk infringement claim, due to the "likelihood of confusion" of the mark. I.e. (domain name) . Unless you have a license to sell the product via Fox the use of the trademarked brand (domain name) to sell products owned by the trademark owner (DVD of Simple Life) is likely to cause consumer confusion as to the source of those goods or as to the sponsorship or approval of such goods = trademark infringement.

There is my mid day break- & NON legal advice comment for the day!

Good luck
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