Hey Guys

[britishangel]

Thanks for the split guys, sorry you're not a mod anymore namepop i'm sure you found more time consuming hobbies

Anyhow guys maybe you should visit Nissan.com and see what the trademark infringements are there

 

[DaddyHalbucks]

There are no DNF rules for trademark names
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Well, then, may I suggest that there SHOULD be.

This blind eye seems like an invitation for DNF to be named in a future lawsuit. I say that as friendly prod to make it against the TOS ASAP!

I enjoy DNF and I would hate to see liability attached to the forum owners.

 

[DaddyHalbucks]

Enforcing such a rule would be IMPOSSIBLE. There is absolutely no way to know every trademark out there. Furhter, just because a name is TMed, does not mean you do not have a legitimate interest in the name.

Examples:

Jolt.com - This is a famous trademark, however it is a generic dictionary word. There was a WIPO case on this name in which Ari Goldberger successfully defended the name.

Ponds.net - I own this name. There is a huge facial cream company called "ponds". I love ice hockey and play a lot of pondhockey. I have a legitimate interest in the name, and Ponds, Inc, does NOT have exclusive rights to the name.
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That's bunk. Sorry.

Jolt and Ponds are not distinctive to the extent of Lamborghini, Coca-Cola, Microsoft, etc..

 

[DaddyHalbucks]

Anyhow guys maybe you should visit Nissan.com and see what the trademark infringements are there
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Is your family surname "Lamborghini?"

The registrant of NISSAN.COM is really named "Nissan." That's a legitimate use. It's called concurrent use.

 

[britishangel]

then maybe we could take up the issue of a gentleman who was selling Ferrari names on DNF? Try using a search engine and finding all the DN's with trademarked names not regd to the main company. Point is these companies don't have the time to go after every single person who uses their name, what interest do they have if the domain is promoting their own website anyway?

 

[DaddyHalbucks]

then maybe we could take up the issue of a gentleman who was selling Ferrari names on DNF? Try using a search engine and finding all the DN's with trademarked names not regd to the main company. Point is these companies don't have the time to go after every single person who uses their name, what interest do they have if the domain is promoting their own website anyway?
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Maybe we should do that also..

But you are attempting to shift the focus away from your actions.

 

[StockDoctor]

Both Cowboy and Angel have legitimate points. If Lamborghini gave Angel an ok, that seems to be fine (as Cowboy pointed out), but there should also be a notice posted on DNF cautioning against the sale of obviously FAMOUS trademarked names. I think that DNF could have some liability there (in addition to a newbie buyer), but I'm not an attorney either. I doubt that the usage privileges afforded Angel would be automatically passed on to a new buyer, and also doubt the new buyer would continue to just pay for the renewals just to send traffic back to Lamborghini. Doc

 

[britishangel]

Stoc i agree and would caution a buyer to contact the company website first to get an OK from them to reuse the site as a referral to them.

As an aside i would like to mention that there is no Lamborghini spyder nor is there a murcielago roadster as was kindly pointed out to me before aquiring the names. Not as this will make much difference to dotcom it was more of an aside to others interested in the discussion.

 

[DaddyHalbucks]

There are no DNF rules for trademark names but their are rules about being nice to people
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Making money by selling someone a TM liability is not only not nice --it is illegal.

Don't make me the bad guy for speaking out.

 

[britishangel]

I wasn't looking to make money from others misfortune as you have painted me out to, i was looking for a couple bucks for all these domains as i stated in the primary thread. I didn't mean to come off as an a-hole but i also didn't expect to have such a sarcastic rude remark greet me upon my return to DNF. It is up to the discression of purchasers if they want to take these names i'm not forcing them down anyones throats, if i don't sell them they drop that's that no worries on me or you.

 

[DaddyHalbucks]

If Small Business deserves to fail, it is for this reason: there is no team work. There is no organization. There is no lobbying. There is no common goal. It is a free-for-all that justifies big business brutality and court ordered severity.

If domainers policed their own community, and worked together against this kind of activity, you would see less legal costs for domain owners, more UDRP wins for respondents --and more profits for us all.

 

[jberryhill]

DNForum would cause more problems for itself by formulating and attempting to enforce a TM policy than it would by simply disclaiming liability for what people choose to buy and sell.

Once you put yourself in the position of making judgments on these sorts of things, then you run the risk of making an error in judgment.

 

[DaddyHalbucks]

I was never suggesting that DNF make a judgment on each domain.

I WAS suggesting that DNF implement a high road policy that says unequivocally that cybersquatting is not tolerated, and that domains which contain famous and distinctive and registered trademarks are not to be sold in their forum, and that members should comply with all laws including the ACPA.

Such a policy is no different that those of ISPs such as AOL, which require that users not use their service for illegal activity. If someone calls illegal activity to their attention, they quash it.

No policy, eg., turning a blind eye, AKA a policy of denial, would not cut it with ANY court.

 

[britishangel]

But the issue remains that you are SO POSITIVE you are right in this instance that you don't stop to think about the things you are saying. Anyhow I attempted to truce on the negative things that have been thrown back and forth in this thread but as it appears you are not willing to be a bigger man and continue to uphold the belief that you are right in all situations pertaining to such things. You couldn't even accept the opinion of the lawyer you so adamantly wanted me to consult. There is no definitive right or wrong which applies to any and all situations, period.

 

[DaddyHalbucks]

First, I don't know if John Berryhill would appreciate you putting words in his mouth or using his seal to bless your actions.

Second, even if Thurgood Marshall himself came back from the grave, and was able to pull himself away from watching his soap operas in chambers, and instructed his clerks to temporarily halt writing his opinions for him so he could clear the room to condemn me --I would not budge.

Why back down when you are right?

 

[wyvern]

I WAS suggesting that DNF implement a high road policy that says unequivocally that cybersquatting is not tolerated, and that domains which contain famous and distinctive and registered trademarks are not to be sold in their forum, and that members should comply with all laws including the ACPA.

Who is going to determine which domains are famous, distinctive and registered? Who is going to determine exactly what areas these trademarks cover? I found 12 people listed just in Florida with the last name Lamborghini...might not one of them have a use for that domain without infringing on a trademark?

While you are obviously trying to do the right thing, there is just as obviously no right thing to be done that will cover all cases. My guess is that you should continue not to offer domains with possible (in your opinion) trademark infringements and also continue not to buy them. And others will make their own decisions.

 

[Bob]

Just so everybody knows, we are discussing a disclaimer amongst the mods and admins. . .

-Bob

 

[mole]

Mountain out of a molehill

 

[DaddyHalbucks]

Mountain out of a molehill
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Au contraire. This is THE major issue for this forum.

Burrying our collective heads in denial is the wrong approach.

 

[DaddyHalbucks]

Who is going to determine which domains are famous, distinctive and registered? Who is going to determine exactly what areas these trademarks cover? I found 12 people listed just in Florida with the last name Lamborghini...might not one of them have a use for that domain without infringing on a trademark?
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Sure that person might have a legitimate use!

But, that person is not whom we are discussing. Yours is a very far fetched example.

99 times in 100, that person wouldn't be offering to sell the name (along with 150 other domains) on DNF. The person wearing that hat.. is likely a cybersquatter.