March 22nd, 2005, 06:51 PM
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Type Cast Exception
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Join Date: Apr 2004
Location: West of Oakland, North of San Jose, South of Marin
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Quote: | Originally Posted by sf2k Any examples come to mind?
if that were so, many websites ie: paypal.com would have cause to take down paypalsucks.com, which they of course don't. |
It depends partially on actual trademark infringement and, in the case of paypal especially, there may be cause based on the intent to defraud, deceive or impersonate.
prepal.com is safe. It's a useful used price index for electronic musical gear. No intent to defraud there, Analog X, the creator, is actually doing a great public service and it has nothing to do with paypal.
But something like paypa1.com where the number 1 is intentionally chosen to look like a lower case L and the intent is to phish/defraud actual paypal customers, that's clearly illegal on many levels beyond just trademark infringement.
In this case, I think you can obviously retain broncofever but must remove any infringing material. You could set it up like athleticsnation.com, which is a sports fan blog type site (which has an excellent relationship with the Oakland Athletics baseball team and interviews Billy Beane frequently). There's no blatant photos or logos or anything proprietary there, just writings and such.
And of course bronco fever could be a site regarding high equine body temperatures after all ...
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- Vonnegut - Cat's Cradle, 1963
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