Re: Companies like Cedar Fair deal with Twitter imposters
Jeff said:
But trademark law is still pretty straight forward as is. If you use a mark in a way that can create confusion in the marketplace, and I think there's a strong argument that a Twitter account would, then it's infringement.
I completely agree. There is no doubt in my mind that its infringement.
I think the law is going to take it from the standpoint that the name of said company is still in the domain name "twitter.com/company" even though its a path in the domain which, generally speaking, the domain trademark law says you cant use someone elses' trademarked name in your domain, without permission from said company.
Our work conversation actually stemmed from an issue twitter ran into weeks ago, where they (twitter) were actually being sued by Tony La Russa for allowing the use of his name. At the time twitter claimed they dont have the comprehensive list of trademark names and cant easily search everyone.
This is why I think laws will be rewritten to be more explicit.. To protect the middle man from being the target, keep domains and accounts from being sqautted, and protect the trademarked company.
I also see Twitter (and the like) beefing their ToS.
This isnt the first time the laws are behind technology and it wont be the last.
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