About someproductname.com

**jimthefiend** · 11-03-2003, 08:49 PM

It ceases to be considered "fair use" of a trademark when you profit off of it...
Usually.

**Mr. Porno King** · 11-03-2003, 08:52 PM

I was *sort-of* thinking that... but then it seemed like that offered too much power to the trademark holders... for example:

If Hayabusa.org started running misc. banner ads at the bottom or top of their site for assorted motorcycle goods, could they really be sued by Suzuki (who make the Suzuki Hayabusa motorcycle) when the site is *clearly* a Suzuki Hayabusa fansite?

**BRISK** · 11-03-2003, 08:54 PM

I'm sure Coca-Cola has already been alerted to your post and they're preparing to launch a team of high paid lawyers into action as I write this.

Run away.......now!

**SpaceAce** · 11-03-2003, 08:55 PM

The real question isn't "What's legal" it's "What will Coca-Cola get pissed off about". I think if you make the main focus of the site Coke and Coke products/memorabilia, they will probably leave you alone. Or, they won't pursue you too fervently.

However, I am just guessing. I don't have any inside knowledge of Coca-Cola's internal legal strategy.

SpaceAce

**jimthefiend** · 11-03-2003, 09:00 PM

In that case the profit is ancillary to actual use of the trademark. It could go either way, depends on how obnoxious Suzuki wanted to be I suppose.

Only time youre REALLY safe is if you're using the trademark r.e.
criticism, news reporting, teaching, and research. Then its protected speech. Usually.

Thats the direction the courts have taken anyway.
If I'm remembering correctly, and I am; The court (and you) need to consider four factors in determining wether a particular use of a trademark or other copyrighted materials or logo falls under "fair use":

1: purpose and character of the use
2: nature of the copyrighted work
3: amount and substantiality taken
4: effect on potential market for protected work

That will be $200.

**Mr. Porno King** · 11-03-2003, 09:04 PM

Of course, at $0.60 profit per bottle, Coca-Cola isn't really the product I'm looking at. The Hayabusa example is a little closer to reality.

90% of the people who visit a site like that have already laid out $12k+ on a motorcycle.. clearly have incomes, and many of them will spend lots more $$ on upgrading, or making their bike unique.

The domain name I have in mind is another product. For a particular industry, it's the *dream* product. Every guy in this industry dreams of working with this product, and they are all hobbyists as well, who will buy scaled down versions of the product built by other manufacturers.

The product in question sells for about half-a-million dollars. The scaled down versions sell for anywhere from $2k to $30k, with a wide range of accessories that are required to maintain the hobby as well.

Anyone with experience in this type of thing? I suppose I could always cut my $10 on a domain losses if they contact me about it...

**Mr. Porno King** · 11-03-2003, 09:06 PM

Originally posted by jimthefiend
Only time youre REALLY safe is if you're using the trademark r.e.
criticism, news reporting, teaching, and research. Then its protected speech. Usually.

I *kiss* you.

Thanks!

**jimthefiend** · 11-03-2003, 09:06 PM

A good rule of thumb whenever you're going to try to make a profit off someone elses work, is to rethink it.
At the very least get an attorney. You'll need one.

**jimthefiend** · 11-03-2003, 09:08 PM

Originally posted by Mr. Porno King

I *kiss* you.

Thanks!

You can just stop that right now homo.

PM Juicy, I think he's into that man love stuff.

**Mr. Porno King** · 11-03-2003, 09:08 PM

BTW.. this:

Originally posted by jimthefiend
In that case the profit is ancillary to actual use of the trademark.

is exactly what I was looking for.. I just didn't know how to phrase it.

**jimthefiend** · 11-03-2003, 09:13 PM

Do some research on:

1: scope of copyright protection
2: the tradmark act, specifically compulsory licensing.

I dont think youll find much help there though.

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