Adam Selene wrote: ...
To the contrary, the best argument je can make in using E-Gold in the name of the casino, is that E-Gold in the name is merely a descriptive term, of a casino that accepts electronic gold
Hmm. Like a thermos, maybe, instead of a Thermos?
>
-- and not just e-gold(R),
but goldmoney, e-bullion, etc. It is futher demonstrated that E-Gold != e-gold(R) in that the capitalization is different, and that the e-gold(R) logo lettering/stylization are not used.
Um, what (aside from your assertion, I mean) demonstrates that what's capitalized makes any difference whatsoever??? Flunks the laugh-test, Adam, sorry.
An even stronger argument would be if E-Gold were not in the name of
the casino, but only in the domain. Then you can make the argument that
E-Gold is not only merely descriptive, but used in a way that can not
infringe in and of itself. eCash Technologies, Inc. v. Mark Guagliardo
set the precedent that registration and use of a domain name does not
in itself establish a trademark (nor a conflicting trademark). It can also be strongly argued that DNS is a *directory* system and that domains do not necessarily represent usage as a trade name. If DNS is a directory, then the listing e-gold-casino is simply a directory entry of a casino that accepts e-gold.
This doesn't seem to be how ICANN/legal-systems see it, so whether or not this makes sense it's irrelevant IMO.
I am curious as to whether you think bet-with-egold.com would also be infringing, used solely as a domain name (not the name of the destination casino). Would the same phrase "Bet with e-gold" used on the casino home page be infringing? What exactly is the difference?
One's a domain name, and the other's an invitation. Go try registering cocacolaforum.com and then on another site do a forum about the wonders of drinking a lot of CocaCola if you want to see the difference. My bet (and yes, I'd put a few grams behind this...) is that one will get nastygrams and the other will be either ignored or welcomed.
You may not agree with these arguments, but until they are defended in arbitration, the discussion is rather academic.
Ideally, arbitration or a lawsuit WON'T be needed, and the site will be taken down. Of course, alternatively, my bet proposed above might take it from the academic to the experimental -- if someone dares to register Coca Cola's domain name. JMR
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