Use of trademarks in names

Jeff's avatar

I know we've had some conversations around this before, but I find it interesting that there's a little more wiggle room about using a trademark name (i.e., park name) in domain names, after this suit from Toyota...

http://reviews.cnet.com/8301-13746_7-20010327-48.html

Relevant because of the previous cases where hotels have been sued for similar reasons.


Jeff - Editor - CoasterBuzz.com - My Blog

The Ninth Circuit... aka the Nice Circuit.

DaveStroem's avatar

Very Cool, this gives me some business ideas.


Before you can be older and wiser you first have to be young and stupid.

Maybe there's more to the case than the story goes into, but I'm not seeing why Toyota should be pissy over this. It's their authorized dealer, and Toyota benefits from every sale or lease this franchise makes. It would seem to me to be an allowable use of company name and product granted by any franchisor to its franchisees. Now I could see if the website took you to some other business these people were operating on the side. Unless their agreement specifically forbids use of the Lexus name, images, and logos, I'm not seeing how they could object.

Again, Toyota is getting revenue from this dealer's website. In the hotel case, you can at least argue that Six Flags is getting nothing, other than a potentially bad rep, from the hotel branding itself as the Six Flags Whatever Chain It Was.

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