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| Random Law Question https://forums.clankiller.com/viewtopic.php?f=1&t=2152 |
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| Author: | derf [ Wed Jan 10, 2007 12:21 am ] |
| Post subject: | Random Law Question |
What is the relevant law regarding giving your company a name like... intelworld or u2music or shopasda or hppaper |
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| Author: | Satis [ Wed Jan 10, 2007 6:44 am ] |
| Post subject: | |
I know the basic test is if it would cause any confusion that would result in lost sales for the company you're poking at, it's probably illegal. But that's what courts are for... Intel could take you to court because your name is Derf if they wanted to... and they could probably financially ruin you in the process, even though there's absolutely no legal reason to. 
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| Author: | J [ Wed Jan 10, 2007 6:47 am ] |
| Post subject: | |
I think that will depend on the business you intend to start. But as long as you don't just copy the name (obviously not allowed) or make any reference to the original brand (probably court material) you're safe. I think you can start a pub and name it HPpaper. Hppaper probably won't be allowed (if it doesn't already exist or is patented btw) if you intend to use it for paper. Since there's a clear link between your paper and the original brand hp (printers etc.). But i think Shiny was into law, she definitely knows a lot more about this then me. I'm just guessing. 
*edit: i seem to be on the same line as Satis here* |
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| Author: | Shiny [ Wed Jan 10, 2007 12:30 pm ] |
| Post subject: | |
Truthfully you can sue anyone for anything - does not mean you will win - but large corporations will just bury you in litigation to the point that you give in or go broke. Take the famous still pending Nissan.com story. Anywho - as for basis - if taken to jury in US for patent violation - usually we bring in the "reasonable man" arguement - which as most girls about now are saying - what is a reasonable man? Hate to say it but in corporate/patent law - it tends to be who has a better attorney or team of attornies or more cash that wins. Someone will run out of cash to fight it eventually right? |
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| Author: | RB [ Wed Jan 10, 2007 1:27 pm ] |
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Why would someone want to have fun with that, derf? Be original. If products are good people will start liking the name because of them. Therewith, no need to start liking products because of the name. |
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| Author: | Satis [ Wed Jan 10, 2007 2:18 pm ] |
| Post subject: | |
Clankiller Brand Adult Diapers coming to a store near you |
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| Author: | Peltz [ Wed Jan 10, 2007 2:30 pm ] |
| Post subject: | |
OMG i can already see it in my mind, in old people nursing home people wearing diapers with a large clankiller logo on their butt omg lol, excuse me while i go shoot myself 
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| Author: | derf [ Wed Jan 10, 2007 2:45 pm ] |
| Post subject: | |
My god, why go down the diaper road.
Not quite sure what youre on about GFree, but i was wondering because of a business idea I have. |
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| Author: | Peltz [ Wed Jan 10, 2007 2:49 pm ] |
| Post subject: | |
Every business idea that is based on hoax, scam, cheating, misleading, any other form of deception is bound to fail in the long(er) run. If you want to sell, be original, be different. |
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| Author: | derf [ Wed Jan 10, 2007 3:42 pm ] |
| Post subject: | |
But its not based on scam. It's just that only products related to those companies are going to be sold by this company, so why not indicate so on the company name? Also, what's ebays policy on this? |
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| Author: | Shiny [ Wed Jan 10, 2007 5:16 pm ] |
| Post subject: | |
seems to me to get hits on ebay you would have to mention the brand names - that is how most people would search I would think? |
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| Author: | Satis [ Thu Jan 11, 2007 6:32 am ] |
| Post subject: | |
well, on ebay it's all search driven, so you wouldn't have to worry so much about your company name so long as you mentioned the brands in the auction descriptions. |
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