trademark question
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- rafalski
Let's say there is a company that has a product or service called 'service', which is trademarked. Will I be infringing their trademark operating as 'service.tv', treating it as a full name including the .tv suffix? Will I be able to trademark 'service.tv'?
The trademarks would be functioning in the same field, actually 'service.tv' would be a rating/resource/news page for 'service', this doesn't make it any easier, does it?
- ETM0
Who the hell let someone trademark such a generic term as service?
- fugged0
if that trademark name is midgetdonkeydumpsterporn, then I'm suing you.
- ETM0
Well, if it's the same name and operating in the same space, then yes, it would be a violation. Plus, there have been lots of court cases where companies have been granted access to all domains using their trademarked name, even if they hadn't registered them. A way to kill off the domain squatting from some years back.
- rafalski0
Thanks, ETM. I presume launching a website under 'service.tv' is simply asking for trouble?
Could trademarking in a different space be any helpful?
- Amen0
+1 ETM
i'd using another better/cooler name though—tobe safe for both party. and happy ending...
- if they register their mark, i don't think you can use even different space. coz it's still a word.
"A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others."Amen
- if they register their mark, i don't think you can use even different space. coz it's still a word.
- ribit0
Depends which countries they are registered the trademark in (if it is registered at all), and whether they have been awarded registration of the trademark only in the logo, but not on the word itself (can happen for names that are very descriptive of the service such as 'fishing news'), and a bunch of other things...
- ribit0
and then there's exemptions that can allow you to do stuff even if you arent the trademark holder... for example I have registered lodon2012olympics.com, which I believe I can legitimately use for a news site about stuff related to the 2012 olympics (because the laws enacted to add protection (over and above the usual trademark law) to the Olympics marks include exemptions for editorial use).
- 'london2012olympics... obviouslyribit
- 'believe'.detritus
- nice acquisitionJaline
- until they start suing me... (cos I'm not absolutely sure about it....ribit
- but I did actually read the regulations...ribit
- of course the Olympics guys can afford more lawyers than me...ribit
- is it UK-only?rafalski
- cool, so you're gonna be our own Bob Costas?OSFA
- the 2012 Olympics special trademark protection laws? they are UK law..ribit
- I mean the editorial ones..rafalski
- rafalski0
I have a nice 'backup' alternative domain for that so I probably will go by Amen's advice. No harm keeping digging to see what the options are. Is there a legal forum I could use?..
- cmon you're speaking English people.. can't u find a better word?? :Pdonotdestroy
- Mojo0
HAHAHAHA SERVICE.TV IS MINE!!!1
- ribit0
I think I have no trouble at all with normal trademark law, as I'm using very descriptive terms, and only using the 2012 logo as part of editorial about the 2012 logo... The problem with the Olympics is that there were extra laws passed just for the Olympics, protecting the words such as '2012' and 'Olympics' themselves (with limitations).. exemptions listed here:
http://www.publications.parliame…So thats an unusually strict case... For most situations I'd say as long as you don't infringe on the 'service' logos/colours, or create any confusion as to any association with the 'service', and keep your branding very much 'does what it says on the tin' descriptive and definitely editorial, public service then you sshouldn'thave a problem.... maybe :P
- i think my site will be a complete waste of time and make no money btwribit
- ribit0
would help if you'd tell us the name of course...
- rafalski0
http://www.qbn.com/topics/548314… - this is quite interesting..
- SteveJobs0
read about this lawsuit between British carrier EasyJet and Tim Holt:
- rafalski0
Thanks all
- vrmbr0
™?
- MindFuse0
Rule number 1.
Never go to a designer for legal matters. Or for that matter, medical advice.
- rafalski0
Haha MindFuse..