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Author Topic: Trademark infringements on domain names  (Read 4112 times)

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Offline tomazkid

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Re: Trademark infringements on domain names
« Reply #14 from previous page: July 21, 2007, 01:05:15 AM »
Quote

Jose wrote:
I guess if AInc. started to chase sites they'd be shooting themselves in the foot, but judging by the company's history you never know :-)


They have already done that.......
 

Offline JoseTopic starter

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Re: Trademark infringements on domain names
« Reply #15 on: July 21, 2007, 01:47:35 PM »
@tomazkid

When ?!
\\"We made Amiga, they {bleep}ed it up\\"
 

Offline odin

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Re: Trademark infringements on domain names
« Reply #16 on: July 21, 2007, 02:08:57 PM »
I think he meant shot themselves in the foot, they've done that multiple times.

Offline Doobrey

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Re: Trademark infringements on domain names
« Reply #17 on: July 21, 2007, 02:13:28 PM »
I thought Tomazkid was referring to Scamiga Inc's 'request' to have BBRV's account removed on Amigaworld.net
On schedule, and suing
 

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Re: Trademark infringements on domain names
« Reply #18 on: July 21, 2007, 02:13:56 PM »
Jose,

In most cases, it's as simple as the offended party (the trademark holder) filing a Uniform Domain Dispute Resolution Policy (or UDRP for short) complaint.

http://directnic.com/legal/udrp.php

ICANN looks at it, along with the supporting trademark information, then makes a determination.  Much like Cafepress, they tend to err on the side of the trademark holder.  The exception is sites like this one which have existed far longer than the company of the current trademark holder.  It's made more convoluted by the fact that they (AI) have played musical chairs with the ownership of the trademarks.

In short, Amiga Inc could get a site with the word Amiga in it shut down (including this one) in a matter of a day for violating it's trademarks, making it the responsibility of the site's owner to defend it legally, meaning spend money they may or may not have to defend the right to run a site that they may or may not depend on.

It's a matter of bully tactics and one of the reasons I try to keep you guys from "going all moobunny" around here is that while this site and you guys mean a great deal to me, I just don't need the headache of having to fight Amiga Inc for the right to support the Commodore Amiga community and platform which I have been doing in various forms successfully since 1989.

From the other perspective, they (AI) will hopefully continue to understand that it's not in their best interest to take such an action from a public relations standpoint, so we have a rather normal give and take there.
 

Offline JoseTopic starter

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Re: Trademark infringements on domain names
« Reply #19 on: July 21, 2007, 03:04:57 PM »
I see your opinions vary. If Wayne's right (as he probably has more experience) then AInc could at any time turn down a site if it was conveninent/it started to bother them. Not very encouraging... They could even pick up some of the site's users and good results on google. They already do so indirectly, I bet many of those so called investors don't even know what an Amiga is, but they do a google search and wow! It's us users that make the "name".

Anyway, though I'd tell you I registered Amigacentral.net a while ago:) Might seem a bit too pretentious name for me, but was the best one I came up with. I don't intend to make any concurrence to A.Org ;), jut a place to put my stuff and maybe fiddle around and try to implement some silly ideas, like try to put up pictures in compressed HAM8:)

:pint:

P.S. Won't be up till the end of the Summer though...
\\"We made Amiga, they {bleep}ed it up\\"
 

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Re: Trademark infringements on domain names
« Reply #20 on: July 21, 2007, 03:16:39 PM »
Hi Jose,

I'm not going to say that I'm definitely "right", but I do work for an Internet registrar and tend to deal with this stuff on a daily basis.  Who knows what would happen, but I have no interest in finding out.

I think as long as Amiga Inc doesn't think you're trying to hurt their business (selling Genesi stuff for example), they have no desire to take action....

The question is, with only about 200 real users in the Amiga community left, how many sites do we need?

Wayne