Fuji Heavy Industries enforces its trademark rights
10-21-2005, 12:03 PM
#1
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Does SOA really care about it's customers?
10-21-2005, 01:00 PM
#2
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First of all, what does this have to do with SOA caring for their customers? This a Fuji's copyright / trademark issue and they have every right to do what they did. Maybe it was not necessary, but yet it is their right.
While I might not have done what they have done to Brian, once again, they have a right to.
And, if I was Brian, I would just say, "Oh, ok." and forward the domain to a new domain. It's not like "Ravensblade Impreza" became a "Xerox-like" brand name. That's just my .02 cents.
I would not make a big deal out of it.
I mean, at least SOA did not blunty just jack your site from you...
While I might not have done what they have done to Brian, once again, they have a right to.
And, if I was Brian, I would just say, "Oh, ok." and forward the domain to a new domain. It's not like "Ravensblade Impreza" became a "Xerox-like" brand name. That's just my .02 cents.
I would not make a big deal out of it.
I mean, at least SOA did not blunty just jack your site from you...
10-21-2005, 01:13 PM
#3
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It's not really big news when a company protects it's trademarks in domain names. This isn't the first time Subaru has enforced their trademark with an ethusiast site and it probably won't be the last. Now replace "Subaru" with virtually any other large company in the previous sentence.
10-21-2005, 01:23 PM
#4
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Hum
Well,
This is the way that I think you can handle this situation, however you have to balance the Pro's and con's of each action.
I ran into a similar situationa few years ago and ended up Selling the rights to the "Parent company" in regards to a similar matter.
One The Plantiff in this case bears the burdon of proof in all matters that they address to you. Bascially one can not go to Joe schmoe and say that you are using my logo and I want you to stop it!!! They ghave to prove that it is their logo or catch phrase or whatever.
So you can request that Subaru produce the trademark registration for Impreza or whatever else they claim.
Of course they probably will.
However in regards to the whole Cyber squatting, well that is the most over used hyped up bunch of BS that a few lawyers have worked out how to make a few bucks off.
You can counter this demand by demanding that Subaru provide proof that they will in fact use your exact URL in a context that fits the URL title. You could further demand that they provide proof of this URL in a resonable period of time. These attorneys will of course counter this demand and try to press you on the issue.
However what if subaru decided that they wanted to take every URL that had say "Car" "4wd" "Boxer" you can see where I am going I am sure.
What you may do is offer to sell your URL to them. If I was you I would come up with a pretty significant price tag and double it. First reaction will be that they tell you to go to hell, after some time they may come around and settle to buy it from you.
If this is to happen you need to ensure that your contract states that Subaru will use the URL in keeping with the contect of the URL. If they do not you have the rights to reuse the URL and possible sue them for damages and "Cyber Squatting"
In regards to Items that you sell, this is a touchy issue. Subaru spends Millions of dollars a year branding there trade mark. If you use that with out express written consent in any way or form you will be held liable.
On the flip side of that, most words are not "Copyrightable" unless they are unique and were created completely independent of any recognized language.
So If you can prove that Impreza has a meaning in any dictionary you may be ok, but this one slippery slope.
Hope this helps and you best bet would be to find a hungry Copyright attorney that is willing to take the case on a contingency basis.
Best of luck!
Lew
This is the way that I think you can handle this situation, however you have to balance the Pro's and con's of each action.
I ran into a similar situationa few years ago and ended up Selling the rights to the "Parent company" in regards to a similar matter.
One The Plantiff in this case bears the burdon of proof in all matters that they address to you. Bascially one can not go to Joe schmoe and say that you are using my logo and I want you to stop it!!! They ghave to prove that it is their logo or catch phrase or whatever.
So you can request that Subaru produce the trademark registration for Impreza or whatever else they claim.
Of course they probably will.
However in regards to the whole Cyber squatting, well that is the most over used hyped up bunch of BS that a few lawyers have worked out how to make a few bucks off.
You can counter this demand by demanding that Subaru provide proof that they will in fact use your exact URL in a context that fits the URL title. You could further demand that they provide proof of this URL in a resonable period of time. These attorneys will of course counter this demand and try to press you on the issue.
However what if subaru decided that they wanted to take every URL that had say "Car" "4wd" "Boxer" you can see where I am going I am sure.
What you may do is offer to sell your URL to them. If I was you I would come up with a pretty significant price tag and double it. First reaction will be that they tell you to go to hell, after some time they may come around and settle to buy it from you.
If this is to happen you need to ensure that your contract states that Subaru will use the URL in keeping with the contect of the URL. If they do not you have the rights to reuse the URL and possible sue them for damages and "Cyber Squatting"
In regards to Items that you sell, this is a touchy issue. Subaru spends Millions of dollars a year branding there trade mark. If you use that with out express written consent in any way or form you will be held liable.
On the flip side of that, most words are not "Copyrightable" unless they are unique and were created completely independent of any recognized language.
So If you can prove that Impreza has a meaning in any dictionary you may be ok, but this one slippery slope.
Hope this helps and you best bet would be to find a hungry Copyright attorney that is willing to take the case on a contingency basis.
Best of luck!
Lew
10-21-2005, 02:21 PM
#5
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Originally Posted by lewsthomas
So If you can prove that Impreza has a meaning in any dictionary you may be ok, but this one slippery slope.
IMPREZA=party in polish
10-25-2005, 06:34 PM
#8
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Posts: 378
I think it is BS what FHI is doing. Surely they aren't going after ever site that has Impreza in the domain name. My guess is the only reason that they even know of this site is due to another site of Brian's that I'm sure they have a REAL issue with.
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