I hope the rest of you are listening. Sturctured TLDs (or rTLDs as some
have called them) provide context which can alleviate likelihood of
confusion. mycarisaporsche.com has a different connotation from
mycarisaporsche.per or .hobby or .fan.
At 06:40 PM 2/4/99 -0500, you wrote:
>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.
>
>
>
>
>
