"A mark is infringed under U.S. trademark law when another person uses a device (a mark) so as to cause confusion as to the source or sponsorship of the goods or services involved....
Right, it's that simple.
Note, under standard trademark law, E-Gold Ltd would need to argue that using e-gold in the name of a casino "causes confusion as to the source or sponsorship", and that the provision of gambling services versus digital currency issuance are "similar as to cause confusion among consumers." I don't disagree this is not possible, but I think it would be difficult to prove that consumers that visit e-gold-casino.com truly have any confusion (particularly given no similarity in branding).
I think you're "just not right" unfortunately Adam.
(Again! I am only saying what is reality in the US, not how life should be!!! )
It's utterly inconceivable e-gold would lose. It's just totally knock down.
I mean Jesus Christ, the exact total NAME ("e-gold" !!!!!!!) is IN THE NAME of the property in question.
To make one of innumerable examples, "chase manhattan" is a bank that deals with money. It's totally inconceivable you could have "chase manhattan casino" or "chase manhattan mutual fund" or "chase manhattan check cashing".
It's just a non-starter. It's just a knock down, flat out, obvious case. (the ENTIRE NAME of the complainor is contained in the name of the property in questions!! Jesus!)
It's utterly, utterly inconceivable that the "e-gold-casino.com" guys would win -- or even get an attorney to take their case. It's a flat down, knock out, no chance, utterly total complete trademark violation. I mean you could barely make a better example of a flat out violation!
once again -- I'm just saying how the law would go, not how it should be politically or anything like that.
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