Subject:
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Re: Use of trademarks.. is www.legoaftermarket.com legal?
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Newsgroups:
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lugnet.market.theory
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Date:
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Thu, 10 Oct 2002 14:28:14 GMT
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Viewed:
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1389 times
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In lugnet.market.brickshops, James Trobaugh writes:
> In lugnet.market.brickshops, Alfred Speredelozzi writes:
> > Is www.legoaftermarket.com legal?
> >
> > I think it is. At least in the region of the 7th circuit court of
> > appeals in the U.S.
> >
> > This case is an interesting read for anyone selling Lego toys. It is a
> > case brought by Ty (Beanie Babies) against a website owner who uses
> > "beanie" in her URL. They own the trademark in "Beanie Babies" and
> > think that her site dilutes their mark. The problem? She is selling
> > actual Ty products. Since the trademark is there to identify the source
> > of the product (not to allow the producer to control who can sell the
> > product) it is legitimate to use it when selling that product.
>
>
> Well I think it would have been a different decision if they had used "TY"
> in the URL, which is what you have suggested with the LEGO name. But there
> again LEGO is their name and it's not like many other company names that
> come from general use english words, they made the word up so I'd say it's
> thiers to own and protect.
>
>
> <snip>
>
> > Possible problems:
> > "Beanie" is a lot more generic than "Lego", a point that added to the
> > strength of the Appeals court decision.
> > The "Lego" brand is the company name, rather than just the product
> > brand. A court may see the company name as needing stronger protection,
> > but I doubt it. Given this opinion, if I sold used Toyotas I believe I
> > could legally use www.AlsUsedToyotas.com.
>
>
> That might not be correct, I know that Ford and Chrysler have sued many
> people over using their names in URLs, including names of thier products
> (ie. Jeep, Dodge, Volvo, Jaguar, etc)
>
> jt
True. Though this decision is a departure from the way lower courts have
been treating URLs. It is change in policy. So, future suits by Ford and
Chrysler may not be successful. Also, keep in mind this case is about
someone selling Ty's products. Most of the motor company suits I have heard
about are people who are trying to get traffic based on the fame of the
marks--rather than trying to sell Fords. Trademark law is very specifically
about the rights of the consumer NOT about the rights of the mark holder. I
think the courts are turning back to this view.
-Alfred
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