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I have a few legal questions that have been disturbing me, so I hope some lawyers as well as the rest will join in here. Lawyers please try and make an effort to communicate in English, not lawyerese.
1. There are a few ways of going about TM domain issues. The most common one is the UDRP approach, and the other main one is civil legal action. Correct me if I'm wrong.
Assuming that someone (or company) has violated someones TM, why should they lose their domain, if theoretically it would be possible to use it legally in the future?
Here's an example: Someone owns domain Apple.ext, and either parks the domain, using computer ads, or sets up a similar web-site. The TM violator gets sued, pays damages, and declares he will now only use the domain for purposes of setting up a web-site relating to apples. Why is the culprit punished for future deeds, instead of only previous ones.
2. I have tried researching an old TM case, which I've heard about, but can't find it on the web. Any leads would be appreciated.
Case: Coca Cola vrs. Pesi Cola. I will explain why I'm interested later.
Input appreciated!
1. There are a few ways of going about TM domain issues. The most common one is the UDRP approach, and the other main one is civil legal action. Correct me if I'm wrong.
Assuming that someone (or company) has violated someones TM, why should they lose their domain, if theoretically it would be possible to use it legally in the future?
Here's an example: Someone owns domain Apple.ext, and either parks the domain, using computer ads, or sets up a similar web-site. The TM violator gets sued, pays damages, and declares he will now only use the domain for purposes of setting up a web-site relating to apples. Why is the culprit punished for future deeds, instead of only previous ones.
2. I have tried researching an old TM case, which I've heard about, but can't find it on the web. Any leads would be appreciated.
Case: Coca Cola vrs. Pesi Cola. I will explain why I'm interested later.
Input appreciated!