Question regarding Trademark Laws (recent news claim)

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  • HolyDrug
    Registered User
    • Apr 2012
    • 11

    #1

    Question regarding Trademark Laws (recent news claim)

    The owner of pornography streaming site FyreTV on Monday filed for an injunction against Amazon.com Inc. that seeks to block the online retailer from continuing to use the allegedly trademark infringing name Fire TV to market its own video streaming service.

    (i can't insert the URL but it's a yesterday article from Xbiz.)

    Okay so..
    I don't get it.
    Allright Fyre and Fire might sound the same when pronouncing it. But it's still written differently... So what is the problem regarding the laws ?
    I'm confused and would like to understand..

    thanks!!
  • blackmonsters
    Making PHP work
    • Nov 2002
    • 20966

    #2
    You'll get it when you pay $10 to see a movie staring "Holly Bearry" that sucks ass.
    Free Open Source Live Aggregated Cams Script (FOSLACS)

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    • Barry-xlovecam
      It's 42
      • Jun 2010
      • 18083

      #3
      It's all about the sue-to-get-rich business model

      Prenda Law - Wikipedia, the free encyclopedia Like this shit-stain and his clients

      Comment

      • robwod
        Confirmed User
        • Nov 2005
        • 2540

        #4
        Originally posted by HolyDrug
        I don't get it.
        Allright Fyre and Fire might sound the same when pronouncing it. But it's still written differently... So what is the problem regarding the laws ?
        I'm confused and would like to understand..

        thanks!!
        I'm certainly no authority on the matter, but it may be a case of protecting against consumer confusion with respect to trademark(s), regardless of spelling.

        For example, if I registered Gewgle.com and created a search engine, chances are, Google will send their army of lawyers after me for trademark dilution, confusion to consumers, etc.
        NSFW

        Comment

        • Best-In-BC
          Confirmed User
          • Jun 2002
          • 9511

          #5
          Well copyright laws mean what ever they want, when key terms like porn tube and gay tube are copyright-able the internet becomes a joke for North Americans and some of Europe.
          Vacares - Web Hosting, Domains, O365, Security & More
          Unparked domains burning a hole in your pocket? 5 Simple Ways to Make Easy $$$ from Unused Domains

          Comment

          • Barry-xlovecam
            It's 42
            • Jun 2010
            • 18083

            #6
            Originally posted by Barry-xlovecam
            It's all about the sue-to-get-rich business model

            Prenda Law - Wikipedia, the free encyclopedia Like this shit-stain and his clients
            S̶c̶r̶a̶t̶c̶h̶ ̶t̶h̶i̶s̶ I read it backwards first thing in the morning ...

            Amazon is trying to protect their brand using trademark dilution in their pleadings with the court (*this lawsuit). This looks to me as a bluff. Fyre spends his cash or capitulates by default. There is probably enough merit in the filing on the suit (just enough) ...

            The lawsuit should be dismissed as without merit to proceed past preliminary hearing. I think they are going for a default and then plan on demanding the surrender of the name or using the court case to negotiate a purchase. Fyre may have seen ''deep pockets'' in Amazon and asked (demanded) an unreasonable price for the domain -- I have no actual knowledge and say this in speculation ... Nor should this be construed as ''legal advice''.

            They would stand no chance in a UDRP mitigation so they took the civil suit route -- there are 3 criterion that must be met.
            1. The domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights;
            2. The registrant does not have any rights or legitimate interests in the domain name; and
            3. The domain name has been registered and the domain name is being used in "bad faith".

            Comment

            • NETbilling
              Confirmed User
              • Jan 2002
              • 8598

              #7
              Originally posted by robwod
              I'm certainly no authority on the matter, but it may be a case of protecting against consumer confusion with respect to trademark(s), regardless of spelling.

              For example, if I registered Gewgle.com and created a search engine, chances are, Google will send their army of lawyers after me for trademark dilution, confusion to consumers, etc.
              You are absolutely correct


              Mitch Farber
              CEO - NETbilling, Inc.
              Email / Phone: 888-357-8166 / 661-252-2456
              Transaction processing & 24/7 call center services with exceptional rates and flexibility, since 1998!

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              • PR_Glen
                Confirmed User
                • Oct 2006
                • 9058

                #8
                Originally posted by NETbilling
                You are absolutely correct
                pshhhh! what do you know anyway??




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                webmaster at pimproll dot com

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                • L-Pink
                  working on my tan
                  • Mar 2005
                  • 39151

                  #9
                  Originally posted by blackmonsters
                  You'll get it when you pay $10 to see a movie staring "Holly Bearry" that sucks ass.

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