About Trade Marks

[C0B01]

I dunno if this is in the right place ...


What are the legalities surrounding Trade Marks?

I've bought yahwho.org and I want to create a site, slightly taking the piss out out Yahoo! .. as in it will be Yahwho? with a similar font style

I'm not too sure bout the law surrounding this, so I'm doing my research first

Do any of you guys know if this will cause me problems?

Cheers Guys,


Ps. Have a Happy new Year!

[Skie]

I don't think we have any specific forum that would deal with such issues. Also, I'm no lawyer, so take what I say with a grain of salt. However, I believe that Yahoo won't take too kindly to what you have planned. Microsoft went after the company called Lindows. I don't know how the court case would have gone, but Lindows eventually didn't want to deal with it anymore and changed their name to Linspire. There was even a guy named Mike Rowe and he registered a website called mikerowesoft.com. He settled out of court.

I believe that if you use a similar looking logo, you're coming very close to violating their trademark. My personal belief is that you're looking for a lawsuit. You would be better off just setting up a blog or web page where you post some rants about why you hate Yahoo.

[40sondacurb]

I think this is more off topic material. And no, I don't think they'll bother you unless you get big somehow.

[C0B01]

thanks guys ill take what you have said into consideration.. i dout it will get any big.. its mainly only somewhere for web storage, and maybe a blog.. i think i might change the logo though.. i think this may be a little too similar..




but how do clothes companies get away with it, with piss take designs on their T-shirts. Ive read come info on TMs and it said ...

To be registrable your trade mark must be:

* distinctive for the goods or services which you are applying to register it for,

and

* not deceptive, or contrary to law or morality,

and

* not similar or identical to any earlier marks for the same or similar goods or services.


its that "same or similar goods or services." that makes me think I can do it...



Source: http://www.patent.gov.uk/tm/whatis/definition.htm

[STINEHART]

What country are you in.
In the USA we have the right of free speech as long as we don't say something that's deflamatory and causes damage. Look at al the hate sites out there. Theres one for everything.
http://www.walmartsucks.org/
http://www.paypalsucks.com/
http://www.angelfire.com/hi5/cingularsucks/
Just play with google.. "xxxxxx sucks"---->[SEARCH]

I dont usually point to a forum outside our site, but since this isn't any of our expertise try http://freeadvice.com/ They have free legal advice where most of your questions could be adressed.

[johnwill]

I also suggest you talk to a lawyer before you launch if you're really worried about the legal ramifications of this.

[C0B01]

thanks again guys, yet again TSF displays how message boards should be used, in a helpful friendly way!



PS. happy new year all!!!

C

[Fox]

Here's a brief synopsis of a 17-year-old canadian who registered mikerowesoft.com

[Skie]

To answer your clothing question, I have a bit of experience on this, though not much. GM (Chevy, Pontiac, Buick, etc) will not allow you to use any of their logos on any clothing/calendars/etc without their consent. Various shops already will refuse to print GM's logos without that consent. Cafepress.com is one of them and you can use them to sell your own shirts/designs. Basically, GM wants to make sure that anything created adheres to what they believe should be the correct way for their image to be represented. I don't know if they charge a licensing fee or other type of fee, but it may be possible (especially if you'll be trying to profit from the sales).

I'm sure other companies hav a similar stance on the subject.

[C0B01]

After reading your replies, and reading up on Mike Row, I think it is best that I try and cover by back as best as possible. I think I'm going to alter the logo so It doesn't resemble Yahoo! in the slightest. I'm also going to put a detailed disclaimer on the main index stateing (before you enter the site) that it is a private website and not for public access, and by entering the site you are agreeing to the terms and conditions, and that no members or associates of the Yahoo! corp can enter the site, approach me or any affiliate of mine, and if they do they are violating the terms of use. Again im no lawyer so I need to check this up, but I can't see why that wouldnt work - its a binding contract surly, like a private club?

[C0B01]

also the site is for non profit means.

[Skie]

Originally Posted by C0B01

and that no members or associates of the Yahoo! corp can enter the site, approach me or any affiliate of mine, and if they do they are violating the terms of use. Again im no lawyer so I need to check this up, but I can't see why that wouldnt work - its a binding contract surly, like a private club?

Good luck. I have a feeling that won't work. They'll still come in and unless you make it a members only thing so that only members can login, people will still come in. You'll also need a Terms of Serivce that's written up by a lawyer to even attempt to hold up in court. Also, legally binding contracts only apply to those that are 18 years old or older. If you're 17 and under, you can't enter any legal contracts (which is why your parents permission is always required). Also, search engine bots will still search your site as they probably don't bother reading any ToS (nor would these bots understand such things).

Just an FYI, you can get sued for anything by anybody. All it takes is to fill out a sheet or two of paperwork, pay a $50 fee and I'm suing you for using the term "private club" on this forum. It's all really a matter of will the suit hold up in court with the evidence that I present and are you breaking any laws? When a large company like Yahoo sues someone, all they need to do is make it too expensive for you to defend yourself (i.e. they can drag it out long enough until you run out of money). Also, if you're under 18, they'll probably go after your parents instead.