Quote:
Originally Posted by Far-L
You don't know the legal angles because one reason. You don't run a business that owns a trademark and you have never even talked to a qualified legal representative to get schooled in even the basics of trademark law. Until you do that you should stop behaving so pompously like you actually do have a clue. You are literally proving to every person here that does run a real business how seriously deficient you are in this matter.
Why don't you run and play in a thread where your opinion might actually matter? I am sure there is a new model content thread you can chirp in somewhere that people will actually pay attention to your sagely wisdom in.
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No, but I run several businesses with generic words in the title and would like to try to claim these are trademarks and "vigorously defend" them against people who outrank me in google.
You seem to be making a lot of noise about how open and shut this case is and it just smells like bulshit, I would be very interested to see how the whole thing plays out if someone were to call your bluff on it.
I am assuming these 8 points are actually weighed in court:
1 Strength of the mark
2 Proximity of the goods
3 Similarity of the marks
4 Evidence of actual confusion
5 Marketing channels used
6 Type of goods and the degree of care likely to be exercised by the purchaser
7 Defendant's intent in selecting the mark
8 Likelihood of expansion of the product lines
I think an argumentative person could make a strong case against you on points 1, 4, 6 and 7.
1 because I don't think your trademark is recognizable by consumers
4 because I don't think any reasonable person would confuse the OP's website for yours
6 because consumers of homemade porn don't care about the brand (it's supposed to be home made, not branded)
7 because the OP was not aware of your "famous brand" when he set up his website and made no attempt to make it look anything like your site or even function in a similar manner.