[NTLK] OT Call for Einstein domain names

Matthias Melcher mm at matthiasm.com
Mon Dec 5 17:07:40 EST 2011


On 05.12.2011, at 19:00, Terence Griffin wrote:
> Fair point. Trademark damage isn't necessarily restricted to within
> a product domain. A completely different product type may ridicule
> another's trademark. And trademarks a often licensed to products
> way outside the original domain.
> 
> IIRC, Lexus/Nexus data service lost a similar suite against Toyota.

Actually, you can start a lawsuit on anything. Most of these will be kicked out even before they reach court. Domains were set up for just that, and unless a tm holder from one domain can prove that a tm holder from another domain registered the tm to harm the first, there is not much they can do.

But then again, law is never black and white. There is no right or wrong, just the opinion of one attorney vs. the opinion of another attorney, with a judge picking the winner ;-)

Unless we are using NewtonOS, Newton, Einstein, etc. in a non-commercial way, I don't think we will risk anything. 

 - Matthias


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