Quote:
Originally Posted by signupdamnit
They say if you hit a guy and he smiles you know you've hurt him. I don't want to hurt you but I'm speaking my mind and what I think right.
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I like you but they would almost certainly win.
Quote:
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Trademark infringement is a violation of the exclusive rights attaching to a trademark without the authorization of the trademark owner or any licensees (provided that such authorization was within the scope of the license). Infringement may occur when one party, the "infringer", uses a trademark which is identical or confusingly similar to a trademark owned by another party, in relation to products or services which are identical or similar to the products or services which the registration covers.
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And more importantly...
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Where the respective marks or products or services are not identical, similarity will generally be assessed by reference to whether there is a likelihood of confusion that consumers will believe the products or services originated from the trademark owner.
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And...
The Court there announced eight specific elements to measure likelihood of confusion:
- Strength of the mark
- Proximity of the goods
- Similarity of the marks
- Evidence of actual confusion
- Marketing channels used
- Type of goods and the degree of care likely to be exercised by the purchaser
- Defendant's intent in selecting the mark
- Likelihood of expansion of the product lines
And even more importantly, trademarks are "use it or lose it" meaning you have to defend them if you want to keep them. You could not really give a shit about a specific person having a similar domain / site / product but you still have to sue them or risk losing your entire trademark.
Cheers
__________________
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"I try to make a habit of bouncing my eyes up to the face of a beautiful woman, and often repeat “not mine” in my head or even verbally. She’s not mine. God has her set aside. She’s not mine. She’s His little girl, and she needs me to fight for her by keeping my eyes where they should be."