Re: [ifwp] NSI Domain Name Dispute Stats

[Milton Mueller]

Yes, of course, it all depends on commercial use and likelihood of confusion.
It does not depend on the character string. My opinion, below, was based on an
assumption that it was OK for an innocent porsche enthusiast to use it. In a
non-commercial TLD, for example, such as you have advocated.
--MM


Martin B. Schwimmer wrote:

> My opinion is that a domain name "mycarisaporsche" or
> >"my-car-is-a-porsche" dot whatever is a perfectly legitimate use of the
> word that
> >does not infringe porsche's trademark.
>
> The question would be whether the use of mycarisaporsche creates a
> likelihood of confusion or some false connection or endorsement.  This will
> be a question of law and fact.  Currently valid registrations or approved
> publications include MY WEEKLY READER, MY PETER RABBIT BOOK SHELF, MY FIRST
> SONY, MY EXCEL, MINUTE MAID MY OWN JUICE, WNYC IT's MY STATION, MY SIZE
> BARBIE, MY YAHOO and MY FIRST MARVEL, suggesting that people encounter a
> MY-formulation as a trademark, and that a MY-formulation will not be per se
> non-infringing.
>
> But you would have to look at how people interpret the use.