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derf
Minor Diety
Joined: Fri Apr 11, 2003 2:17 pm Posts: 7721 Location: Centre of the sun
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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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Wed Jan 10, 2007 12:21 am |
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Satis
Felix Rex
Joined: Fri Mar 28, 2003 6:01 pm Posts: 16662 Location: On a slope
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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.
_________________ They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety.
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Wed Jan 10, 2007 6:44 am |
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J
Minor Diety
Joined: Wed Jul 16, 2003 12:31 pm Posts: 3335 Location: Belgium
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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*
_________________ Beter een pens van het zuipen dan een bult van het werken!
~King of Thieves~
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Wed Jan 10, 2007 6:47 am |
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Shiny
Count
Joined: Sat Oct 11, 2003 7:30 pm Posts: 810
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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?
_________________ I LUV everybody until they piss me off.
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Wed Jan 10, 2007 12:30 pm |
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RB
Emperor
Joined: Wed Apr 16, 2003 1:25 am Posts: 2560
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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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Wed Jan 10, 2007 1:27 pm |
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Satis
Felix Rex
Joined: Fri Mar 28, 2003 6:01 pm Posts: 16662 Location: On a slope
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Clankiller Brand Adult Diapers
coming to a store near you
_________________ They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety.
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Wed Jan 10, 2007 2:18 pm |
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Peltz
Stranger
Joined: Sat Apr 12, 2003 1:14 pm Posts: 6362 Location: Estonia
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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
_________________ When someone asks how rich you are, quote Rinox " I don't even have a rusty nail to scratch my butt with...!"
Be well or Get Help!!
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Wed Jan 10, 2007 2:30 pm |
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derf
Minor Diety
Joined: Fri Apr 11, 2003 2:17 pm Posts: 7721 Location: Centre of the sun
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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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Wed Jan 10, 2007 2:45 pm |
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Peltz
Stranger
Joined: Sat Apr 12, 2003 1:14 pm Posts: 6362 Location: Estonia
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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.
_________________ When someone asks how rich you are, quote Rinox " I don't even have a rusty nail to scratch my butt with...!"
Be well or Get Help!!
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Wed Jan 10, 2007 2:49 pm |
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derf
Minor Diety
Joined: Fri Apr 11, 2003 2:17 pm Posts: 7721 Location: Centre of the sun
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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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Wed Jan 10, 2007 3:42 pm |
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Shiny
Count
Joined: Sat Oct 11, 2003 7:30 pm Posts: 810
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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?
_________________ I LUV everybody until they piss me off.
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Wed Jan 10, 2007 5:16 pm |
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Satis
Felix Rex
Joined: Fri Mar 28, 2003 6:01 pm Posts: 16662 Location: On a slope
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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.
_________________ They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety.
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Thu Jan 11, 2007 6:32 am |
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