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Old 12-28-2005, 01:43 PM   #1
clickclickclick
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Is myspace a trademark?

is it? i mean its two common used words put together.. Can they tell someone that they cannot use the wording "myspace" beacuse it infringes on their name?

the patent office in us says that a trademark is brand name.
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Old 12-28-2005, 01:46 PM   #2
NetRodent
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MySpace is a registered trademark in the US (and maybe elsewhere).

http://www.uspto.gov/
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Old 12-28-2005, 02:08 PM   #3
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LOL your reasoning was that its two words put together?

Pacific Bell

Micro Soft

Burger King

cmon now.
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Old 12-28-2005, 02:12 PM   #4
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if you don't mind me asking, why?
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Old 12-28-2005, 11:05 PM   #5
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Quote:
Originally Posted by NetRodent
MySpace is a registered trademark in the US (and maybe elsewhere).

http://www.uspto.gov/
Damn Staight Homie!

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Old 12-29-2005, 02:15 AM   #6
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the name is exclusive.
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Old 12-29-2005, 02:19 AM   #7
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Trademark & domain shit can bounce either way. I am dealing with it at this moment. I really think with those particular two words the context would be important. For instance if you had the domain myspaceship.com I don't think there would be an issue. Who knows though, it is sometimes still a very gray area.
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Old 12-29-2005, 02:30 AM   #8
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It does not really matter, if they want to sue you and talk about damages, it is going to be a war of attrician and you will most likely lose against something that big. Nissan Motor Company sued Uzi Nissan a few years back for a few million in damages due to him holding the url www.nissan.com, they never formally asked him to stop using the domain, they never offered to buy it, never sent a cease and desist, only a letter about how they had "concerns" about it. A few years later he is in a full blown lawsuit over it and spend thousands of dollars fighting only to have the judge tell him he could no longer use the domain for business purposes (his computer company)

It did not matter that it was an old Jewish family name dating back before Nissan was in business in japan, nor that he was in America long before Nissan registered a trade name here (remember they came here as Daihatsu because they did not want those cars associated with the prestige of the nissan motor company name and started the whole thing with Jap car companies having an American version of their japanese cars, aka Lexus, Infinity, Acura) Nor did it matter that most car companies did not own the root name domain of their car company, usually it was whatevermotors.com

They not only sued him for the domain, they sued almost every company he owned as well as companies that he was only a partner in and had no name of Nissan in anywhere. So honestly the laws do not matter, a large company can bury you in paperwork and have you wrapped up in court for years and bankrupt you if they want to mess with you enough.

If you want to talk to him he is a really nice guy and will tell you all about it if the info is still not on the domain. Ask him how much money he spent and if he is sorry about the whole thing now.
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