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Thread: trademark violation
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01-18-2004, 05:11 PM #1WHT Addict
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trademark violation
I am considering this name for my hosting company but it is the same as a model of a car.... i shouldn't have any problems with tradmark violations rite? i was told by a friend of mine that, as long as it is marketed in a diff genre then it is fine..
like nextel telephones and nextel chiense restraunt
if itz not in the same market then itz fine
because they registered nextel under phone
can someone clear this up for me?
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01-18-2004, 05:52 PM #2Web Hosting Master
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Check with a lawyer; but if you're not marketing the same good / service, then I think that you should have no problems - or, at the very least, many fewer problems. You're not even in a complimentary-goods market, like auto mechanic or car parts or anything similar.
As long as you don't try to tie your company in to the model of the car, there shouldn't be any problem. Common sense says that you should be fine. Still, doublecheck.☷ Lesli Schauf, TLM Network
☴ Linux and Windows Hosting: Scribehost
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01-18-2004, 05:53 PM #3Web Hosting Master
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In Canada, I belive when you register a trademark, regardless of the category, it's registered, and no one can re-register it, even if the two different people are targeting different markets. I have no idea about the United States though, sorry.
Michael
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01-18-2004, 06:42 PM #4WHT Addict
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thanks for the both comments. i hope more peopel can post so i can affirm this. but like living_media said, that was what i was told so i guess i'm fine. that sucks in canda den.... but then i guess that pushes more for unique names.
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01-18-2004, 06:54 PM #5WHT Addict
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Not to be the voice of doom here, but actually the distinction of genres is made on a case by case basis in the U.S. if the original trademark holder takes you to court over it. And, in court the genre can be defined as openly as "retail market", meaning if both companies sell a product or service using the trademark then a violation has occured, or as strictly as "product specific market", in which case you should be fine.
Sadly, it is a crap-shoot that depends upon the presiding judge. You would think it should be more cut and dry, but I found by experience that it isn't.
Your best bet, if you use the name in question, is take every step you can to avoid any and all other associations to the car model or its maker.
HTH,
Scott~Scott Bannon
BanProNET - A Different Kind Of Network - Affiliate Program
7 Locations On 3 Continents | Building Today With Thinking For Tomorrow
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01-18-2004, 07:35 PM #6WHT Addict
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how bout i let you guys know the name
i was thinking of "Skyline Hosting"
and the car i was thinkin was Nissan Skyline
from what u said scott
it leads me to beleive that nissan has tradmarked to an extent. and that i just have to find out how far of an extent they have tradmarked that name to see if i can use it for something else.
But i feel skyline is a common name AND it does have a meaning by itself. I just want to make sure i don't get sued haha.
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01-18-2004, 08:05 PM #7Web Hosting Master
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I dont see how you could get sued over using "Skyline".....
There are so many other things/companies using that in their name/slogan that I doubt anyone would recognize it as the nissan car.·· Repeat after me... ProSupport is the best... Prosupport is... ··
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01-18-2004, 08:09 PM #8WHT Addict
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Yeah, unless you used a slogan like "Skyline Hosting, your vehical to the future..." or "cruising the information super highway" you should probably be fine. Just avoid any type of car/automotive symbolism.
Still, the best idea when any doubt or question exists is to ask a lawyer. Nothing anyone suggests here can be of more value than an actual legal opinion from your own council.
I dont see how you could get sued over using "Skyline"
Just because it boggles the mind doesn't mean it's beyond reality.
Best wishes,
ScottLast edited by BanProNET; 01-18-2004 at 08:15 PM.
~Scott Bannon
BanProNET - A Different Kind Of Network - Affiliate Program
7 Locations On 3 Continents | Building Today With Thinking For Tomorrow
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01-19-2004, 03:10 PM #9Web Hosting Master
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Originally posted by skyxliner
how bout i let you guys know the name
i was thinking of "Skyline Hosting"
and the car i was thinkin was Nissan Skyline
from what u said scott
it leads me to beleive that nissan has tradmarked to an extent. and that i just have to find out how far of an extent they have tradmarked that name to see if i can use it for something else.
But i feel skyline is a common name AND it does have a meaning by itself. I just want to make sure i don't get sued haha.The member formerly known as Enigmatics
Teh Harem
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01-19-2004, 03:50 PM #10Web Hosting Master
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"Skyline" is a very generic term, the situation regarding that wouldn't be the same as if you chose a term well-known as a car model (the Nissan Skyline isn't even sold in the US) or one invented by a manufacturer as opposed to a dictionary word.
The course of action to take when a question like this comes up is to first check any existing trademark's details to how specific it is and whether yours is likely to infringe upon it. Unfortunately the USPTO's trademark search isn't responding for me right now, so I can't check on existing marks involving "skyline." For a common term like that, though, I'd bet there are others that come closer to what you're doing than the car model does; and so there may be others of more concern to you.
Originally posted by 93.3
In Canada, I belive when you register a trademark, regardless of the category, it's registered, and no one can re-register it, even if the two different people are targeting different markets. I have no idea about the United States though, sorry.Last edited by JayC; 01-19-2004 at 03:55 PM.
Specializing in SEO and PPC management.
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01-19-2004, 05:18 PM #11WHT Addict
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thanks for all the comments but i'ma sorry to say i might not even be using the name skyline anymore because .us was the only domain left and my friend suggested not to use .us because of itz slow speed.
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01-19-2004, 05:37 PM #12Aspiring Evangelist
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Heck, the name "EV1" is used by General Motors for their line of electric cars, and they haven't gone after EV1.net AFAIK.
Btw, skylinehost.net is available.
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01-19-2004, 09:57 PM #13Web Hosting Master
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You can always contact the US trademark bureau and inquire about it there as well.
Michael
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01-19-2004, 10:10 PM #14WHT Addict
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the score.org attorney says this:
The sole purpose of a trademark is to denote SOURCE, ie you or your company
is the source of the product or service.That means you can pick ay name you
want as long as there is no risk that a prospective customer will be
confused as to the source. If no one else has a similar trademard you're
clearly ok. If there is some similarity it becomes a question of how close.
Ypou can also have a trademark search by a professional firm, eg Thomson and
Thomson in Boston, or you can go online and look at the trademark files of
the patent Office yourself. You should also look at the tm files of the
State where you are located. You should also register your company name at
youur town hall.
In brief, your company name would only be a trademark violation if it is
confusingly similar to an already existing name or mard being used in
essentially the same field by another company.
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01-19-2004, 10:37 PM #15Web Hosting Master
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That's true, in the end you would be safe as long as you don't interfear with the other company.
Michael
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01-19-2004, 10:54 PM #16Temporarily Suspended
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All,
Im interested to see what you think about this then.
A local internet company in Princeton uses the Phase "ExpressNET" with a TM at the end. Found here : http://www.gear3.com/internet.html
When I look that up with the USPTO you can see the results here:
"http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO2&Sect2=HITOFF&p=1&u=%2Fnetahtml%2Fsearch-bool.html&r=0&f=S&l=50&TERM1=ExpressNet&FIELD1=&co1=AND&TERM2=&FIELD2=&d=ptxt
None of the cagegories that relate to internet even list them as filing for Trade Mark, and according the the USPTO when I called, the Trade Mark for ExpressNet is owned by Amereican Express.
Isnt that a big violation?
All thoughts welcome...
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01-19-2004, 11:01 PM #17Web Hosting Master
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It could be, however, if it doesn't interfear with American Express it shouldn't be a problem.
Michael
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01-19-2004, 11:26 PM #18WHT Addict
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whats the number for USPTO?
manz ima going crazy trying to come up with a good name for my web host... any suggestions? ima really hitting a dead end cause all the good ones are taken....
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01-19-2004, 11:30 PM #19Temporarily Suspended
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buts if false advertising that they use the TM mark and dont own it.
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01-20-2004, 01:24 AM #20Newbie
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I think when they register the trademark, it then has the ® symbol, not the 'TM' symbol.
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01-20-2004, 01:37 AM #21Temporarily Suspended
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Thats correct, when your in the process of filing or waiting to be acceted you can use TM, once you are registered you have to use the R, or atleas thats what I have been told by my lawyer.
Gear3 has been using that for years now and there are no applications on file with the USPTO which is illegal.
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01-20-2004, 12:38 PM #22Junior Guru Wannabe
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I've seen a lot of "advice" on this thread and unfortunately too much misleading advice, so I thought I might jump in a bit, since I am an honest-to-goodness trademark attorney.
In the U.S., the standard for whether you're infringing someone's trademark is whether or not the relevant purchasing public is likely to be confused as to who the source of the goods or services is. You generally look at the similarities and differences between the marks and between the goods and services of the respective companies. Generally, you are free to adopt and use others' marks for different goods or services. In your specific case, Nissan probably doesn't use the mark SKYLINE for web hosting services, so you're probably okay.
But there is another category of trademark infringement called "dilution," which applies only to famous marks. For instance, if you were to call your web hosting company Kodak Web Hosting or Buick Web Hosting or Coca-Cola Web Hosting, then those companies would have a case against you even if they didn't offer web hosting services or anything like it.
You do not have to get a federal registration in order to have rights in a mark, although there are some additional rights (like the right to sue in federal court, a presumption that you're the rightful owner of the mark, and the right to use the circled-R symbol) that you get with a registration. REGISTRATION IS ALWAYS PERMISSIVE. You do not have to have a registration application pending to use the TM (or SM, for service marks, like for web hosting services) symbol--it's free for general use and has no legal significance beyond putting others on notice that you claim rights in the mark.
The U.S. Patent and Trademark Office (www.uspto.gov) will give you a lot of good basic information about trademarks but absolutely will not give you any advice about whether your mark conflicts with another person's/company's mark, or about what mark to pick.
Thomson & Thomson is an excellent search firm, which many law firms rely on to conduct searches. I've used them in the past (when we couldn't handle a search in-house). Plan on paying between $400 and $1000 for a full trademark search--and T&T will not give you a legal opinion, just a list of marks that might conflict.
In most cases, you're better off contacting a local law firm that specializes in trademark law, to conduct a search and give you an opinion on whether you can safely use the mark or not. In the Yellow Pages, look under "Intellectual Property Law," or contact your state's bar association, or look on Lawyers.com, to find a local attorney with rates in your range. If you're unable to find one, you should check firms in Washington, DC. There is a larger concentration of trademark firms there than elsewhere, and with a smaller firm you can often find very reasonable rates.
Hope this helps.Jim Harrington
Zubuz, Inc.
www.Zubuz.net
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01-20-2004, 03:14 PM #23Web Hosting Master
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Just thought I'd point this out, but here in Duluth Minnesota, since the city is on a Hill, there are a lot of "Skyline" Businesses and places. There is a Skyline Parkway, a road that goes along the top of the hill to various parks and scenic overlooks, Some of the businesses at the top of the hill include "Skyline Bowling Lanes", "Skyline Travel" "Skyline Court, Motel & Lodge"
I wouldnt be too worried about your Skyline Hosting name. Especially if you are located on something that can be considered a Skyline.
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01-20-2004, 03:49 PM #24Web Hosting Master
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Skyline Bowling we have one of thoughs where I live
Skyline dinner (restraunt)
Skyline Travel
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01-20-2004, 08:33 PM #25WHT Addict
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haha interesting that you guys brought that up. but like zubus cleared the misinformation, i guess if it is an unique name, you don't have to worry about people stealing ur name. and if it is a word you can find in the dictionary it then depends on your market i suppose. haha zubus, your a lawyer and a web host provider? damnz haha how do u manage both. thats awesome.