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 Marketplace / Brick Shops / 375
    Re: Bad News for Brickbay!? —Calum Tsang
   (...) Actually, they have plenty of legal ground. Again, similarly, I am not a lawyer. (And also a Canadian!) But I have been to lectures about intellectual property, and it is my understanding that trademark infringement is based on similar service (...) (23 years ago, 25-Jan-02, to lugnet.market.brickshops, lugnet.general)
   
        Re: Bad News for Brickbay!? —Matthew Gerber
     (...) Yes, they do...but... (...) Perhaps for a lax judge, but you have made a couple of false indications in your example; Brickbay is not an auction site, sellers do not conduct auctions there...it is a private commerce site for the buying and (...) (23 years ago, 26-Jan-02, to lugnet.market.brickshops, lugnet.general)
    
         Re: Bad News for Brickbay!? —Ronald Vallenduuk
      Another ?0,02 worth: I think Matthew has a good point in that the basics of the service are essentially different: Brickbay is not an auctions site. Another point the judge might look at is the fact that on eBay you can sell anything, and Brickbay (...) (23 years ago, 27-Jan-02, to lugnet.market.brickshops, lugnet.general)
     
          Re: Bad News for Brickbay!? —Matthew Gerber
      (...) Now, see, I think it has a lot to do with the service, maybe even more so than the name. I'm sure eBay does regular sweeps of the Web, WHOIS, domain registrars and such, and looks for *Bay names...mostly assuming that these services ARE (...) (23 years ago, 27-Jan-02, to lugnet.market.brickshops, lugnet.general)  
     
          Re: Bad News for Brickbay!? —Matthew Gerber
      (...) D'OH! Sorry Dan...head meant to type about BrickBay, fingers decided to type about BrickShelf! Matt (23 years ago, 27-Jan-02, to lugnet.market.brickshops, lugnet.general)
    
         Re: Bad News for Brickbay!? —Calum Tsang
     (...) Ah, yes, I forgot that, right. I think that proves to some degree the association being made. I've only browsed Brickbay occassionally and never bought anything from a vendor on there (I prefer my addictions from local retail :) yet I made the (...) (23 years ago, 27-Jan-02, to lugnet.market.brickshops, lugnet.general)
    
         Re: Bad News for Brickbay!? —Matthew Gerber
     (...) Hee-hee...I meant it more like eBay would have other, bigger fish to fry before they really took the time to flex more muscle at Brickbay...others were more blatently harming them, they'll deal with those faster/more actively...gives Dan some (...) (23 years ago, 27-Jan-02, to lugnet.market.brickshops)
   
        (canceled) —Tony Priestman
   
        Re: Bad News for Brickbay!? —Tony Priestman
     On Fri, 25 Jan 2002, Calum Tsang (<GqIJsD.HKr@lugnet.com>) wrote at 21:31:25 <snip> (...) Just butting in to say that it isn't Larry's trademark. The mark belongs to the Guild of Bricksmiths(tm). :-) Carry on. (23 years ago, 26-Jan-02, to lugnet.market.brickshops, lugnet.general)
    
         Re: Bad News for Brickbay!? —Larry Pieniazek
     (...) Right. Thanks, it did need pointing out. You can substitute Milton Train Works(tm) as an example of a personal trademark of mine if you like, or change "his trademark" to "the group's trademark" if you like, and either way it stands. (23 years ago, 26-Jan-02, to lugnet.market.brickshops, lugnet.general)
   
        Re: Bad News for Brickbay!? —Tom Reed
   (...) I don't know if this sheds any more light on the situation, but here is my understanding of large companies defending their trademark: I was reading an article in Florida one day that was telling of "Disney" sueing a day care center for using (...) (23 years ago, 27-Jan-02, to lugnet.market.brickshops, lugnet.general)
   
        Re: Bad News for Brickbay!? —Grant Giandonato
   (...) I'm no lawyer either, but I know DC Comics took legal action against a elementary football team called the "Superman." They also used the Superman logo on their helmets. Now, I'm sure DC could've careed less... heck, they probably liked it. (...) (23 years ago, 28-Jan-02, to lugnet.market.brickshops, lugnet.general)
 

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