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Discuss what's fucking going on, and which programs are best and worst. One-time "program" announcements from "established" webmasters are allowed. |
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#1 |
Confirmed User
Join Date: Jan 2005
Posts: 1,227
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Is myspace a trademark?
is it? i mean its two common used words put together.. Can they tell someone that they cannot use the wording "myspace" beacuse it infringes on their name?
the patent office in us says that a trademark is brand name.
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if you need more than 3 clicks to get to a join page, something is wrong ;) p.s. i still bring the sales whores here. |
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#2 |
Confirmed User
Join Date: Jan 2002
Location: In the walls of your house.
Posts: 3,985
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"Every normal man must be tempted, at times, to spit on his hands, hoist the black flag, and begin slitting throats." --H.L. Mencken |
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#3 |
Confirmed User
Join Date: May 2003
Location: █◄►█
Posts: 3,558
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LOL your reasoning was that its two words put together?
Pacific Bell Micro Soft Burger King cmon now. |
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#4 |
Confirmed User
Join Date: Mar 2004
Posts: 455
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if you don't mind me asking, why?
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#5 | |
Confirmed User
Industry Role:
Join Date: Aug 2005
Posts: 1,152
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Quote:
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#6 |
Too lazy to set a custom title
Join Date: Oct 2002
Location: Global Traveler
Posts: 51,271
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the name is exclusive.
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#7 |
Show Yer Tits!
Industry Role:
Join Date: Feb 2002
Location: Somewhere Out there...
Posts: 25,792
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Trademark & domain shit can bounce either way. I am dealing with it at this moment. I really think with those particular two words the context would be important. For instance if you had the domain myspaceship.com I don't think there would be an issue. Who knows though, it is sometimes still a very gray area.
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#8 |
Confirmed User
Join Date: May 2004
Location: NEW ORLEANS/Baton Rouge BABY!
Posts: 1,737
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It does not really matter, if they want to sue you and talk about damages, it is going to be a war of attrician and you will most likely lose against something that big. Nissan Motor Company sued Uzi Nissan a few years back for a few million in damages due to him holding the url www.nissan.com, they never formally asked him to stop using the domain, they never offered to buy it, never sent a cease and desist, only a letter about how they had "concerns" about it. A few years later he is in a full blown lawsuit over it and spend thousands of dollars fighting only to have the judge tell him he could no longer use the domain for business purposes (his computer company)
It did not matter that it was an old Jewish family name dating back before Nissan was in business in japan, nor that he was in America long before Nissan registered a trade name here (remember they came here as Daihatsu because they did not want those cars associated with the prestige of the nissan motor company name and started the whole thing with Jap car companies having an American version of their japanese cars, aka Lexus, Infinity, Acura) Nor did it matter that most car companies did not own the root name domain of their car company, usually it was whatevermotors.com They not only sued him for the domain, they sued almost every company he owned as well as companies that he was only a partner in and had no name of Nissan in anywhere. So honestly the laws do not matter, a large company can bury you in paperwork and have you wrapped up in court for years and bankrupt you if they want to mess with you enough. If you want to talk to him he is a really nice guy and will tell you all about it if the info is still not on the domain. Ask him how much money he spent and if he is sorry about the whole thing now.
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