- Joined
- Apr 2, 2006
- Messages
- 210
- Reaction score
- 27
Tell me if this is fair.
The name is "JardinasdePaz.com" which is translated "Gardens of Ease"
I used the keyword "gardening supplies."
Actually, it means "Gardens of Peace". And, I could see that that is more appropriate for cemetery and funeral services, rather than garden supplies, especially understanding the Spanish language and culture. A Spanish speaking person would never cognate that this would mean garden supplies.
Bad luck.
Sorry, this is mispelled, It is, correctly, Jardines de Paz.
So, if the Claimant was claiming some sort of infringement on Jardinas de Paz, any Spanish speaking person could refute this claim, as Jardinas isn't even in the language.
And no Spanish speaking person would ever call a funeral service Jardinas de Paz, because it is a nonsensical term....it means absolutely nothing.
Normally, I am on the side of the TM holder, or owner of a long standing business covered by common law trademark or general usage. In this case, you were completely within your rights to keep the name, simply because there is no such word as jardinas.
Sorry, mate, you were gamed.