Subject:
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Re: Lego at Gerf.Org
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Newsgroups:
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lugnet.publish
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Date:
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Tue, 28 Sep 1999 21:15:22 GMT
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Reply-To:
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MATTDM@MATTDM.ORGnomorespam
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Viewed:
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835 times
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Frank Filz <ffilz@mindspring.com> wrote:
> Note that trademarks usually are limited to the market domain (both
> region covered by the market, and the product set) of the trademark.
> Thus, using LEGO in association with construction toys is an
> infringement of TLG's trademark. Using LEGO to in association with
Actually, I think that the goods/services class system is an extremely good
reason for not allowing trademarks to have anything to do with domain (or
host) names. Since there's no way from looking at a domain/host name to tell
what content -- if any -- might be possibly hosted at that site, the name
can't be an infringement in and of itself. Furthermore, this is a _fan_
site, not selling or endorsing anything, and therefore doesn't fit into a
class at all.
If I have a web site and in any way pretend that it's sponsored/approved by
TLG when it isn't, that's of course wrong. Sites should have disclaimers
saying that they're not official -- just as TLG asks. Trademark confusion
and dilution is a legitimate concern.
It'd have been nice if, when the explosion of commercial interests hit the
Internet, we would have changed to a more complex naming scheme, so that
TLG's official domain would be clearly and obviously
"lego.construction.toy.com". In that case, I'd be perfectly willing to say
that anyone else registering that domain first would be in violation. But as
it stands, the system is too ambiguous to be linked to trademarks in any way
that is fair.
> I think TLG is being very generous in allowing the use of their
> trademarks and copyrighted information. Other companies have used their
> trademark protection to shut down all but authorized web sites.
Well, generous is one way to look at it. Another would be "not completely
stupid." :)
[1] If I'm trying to sell something, the picture changes. But let's assume
we're just talking about a Lego fan, writing an article in a 'zine or
something.
--
Matthew Miller ---> mattdm@mattdm.org
Quotes 'R' Us ---> http://quotes-r-us.org/
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Message has 1 Reply:
 | | Re: Lego at Gerf.Org
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| (...) As a consumer, I really appreciate that when I form a host name out of a company name, 9 times out of 10, I get that companies web site. Imagine if instead, 9 times out of 10 you got a competitor's site? What if lego.com pointed to a porno (...) (25 years ago, 29-Sep-99, to lugnet.publish)
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Message is in Reply To:
| | Re: Lego at Gerf.Org
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| Disclaimer on the following - I am not a lawyer... (...) Note that trademarks usually are limited to the market domain (both region covered by the market, and the product set) of the trademark. Thus, using LEGO in association with construction toys (...) (25 years ago, 28-Sep-99, to lugnet.publish)
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