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Today the company Shopify started a dispute with me regarding the name shopify.ai .
I have many excellent arguments, which I will describe later.
I have many excellent arguments, which I will describe later.
Google Translate translates the word "lego" from Catalan as "I read". This is right?
No, it is not legal or ethical for lawyers in North America to solve problems by giving bribes to judges. The legal system in North America is based on the rule of law and upholding the principles of justice and fairness, and bribery is a criminal offense that can result in severe legal consequences for both the bribe giver and the bribe taker.
In North America, lawyers are expected to uphold the legal and ethical standards of the profession, and their conduct is regulated by state bar associations and other professional organizations. Lawyers who engage in illegal or unethical conduct, including offering bribes to judges, can face disciplinary action, loss of their license to practice law, and even criminal charges.
While there may be instances of corruption and bribery in any country or legal system, it is important to note that such conduct is not condoned or tolerated in North America, and the vast majority of lawyers and judges are committed to upholding the integrity of the legal system.
So, Shopify's lawyers use as an argument that the word "shopify" was invented by the company.
The quote "The capitalist system is unfair, but another has not yet been invented" is often attributed to Russian revolutionary and political theorist, Vladimir Lenin. However, there is no definitive source for this quote, and it is possible that it has been misattributed over time.
Regardless of who said it, the quote reflects a common sentiment among some critics of capitalism, who argue that while the capitalist system has its flaws and inequities, no alternative economic system has yet been devised that is capable of producing the same level of prosperity and innovation. However, others argue that there are alternative economic models, such as socialism or democratic socialism, that offer a more equitable and sustainable approach to economic organization. The debate over the merits and drawbacks of different economic systems remains an ongoing one.
Is it true? I mean, if l bought let's say 'google.ai' and pointed it to an empty page, wouldn't it be a trademark infringement because it would indirectly damage the well known brand name? I've dropped an ebay. pointing to a null page that l wanted to use for storing images on an ftp because of the very low renewals of the extension... thinking that even a blank page or a 404 were a potential damage for the copyright holder.You can have Shopify as long as it servers another purpose Igor
Is it true? I mean, if l bought let's say 'google.ai' and pointed it to an empty page, wouldn't it be a trademark infringement because it would indirectly damage the well known brand name? I've dropped an ebay. pointing to a null page that l wanted to use for storing images on an ftp because of the very low renewals of the extension... thinking that even a blank page or a 404 were a potential damage for the copyright holder.
I find this definition to be comprehensive and sensible. If I were a judge, I would ask the brands who initiate legal actions whether the domain they are claiming was fraudulently obtained... or it could be registered by anyone at 1$ promo price after floating months or years in the public domain... This article explains why brands cannot prevent Registrars from selling domain names... In my opinion, their legal departments' aggressiveness continues to compensate for the shortcomings of their own employees.To me, the below clears up ambiguity that was in my mind.
As per USPTO: https://www.uspto.gov/trademarks/basics/what-trademark
"A common misconception is that having a trademark means you legally own a particular word or phrase and can prevent others from using it. However, you don’t have rights to the word or phrase in general, only to how that word or phrase is used with your specific goods or services.
For example, let's say you use a logo as a trademark for your small woodworking business to identify and distinguish your goods or services from others in the woodworking field. This doesn't mean you can stop others from using a similar logo for non-woodworking related goods or services."
The interesting part to me: you (the trademark holder) don’t have rights to the word or phrase in general, only to how that word or phrase is used with your specific goods or services.
@jberryhill if you know of something from USPTO that contradicts the above please let us know.
To me, this removes ambiguity about dictionary terms and invented words and places the importance on the trademark holders specific goods or services.
They can't do it because for every popular keyword... there will be dozens, if not hundreds, of legally registered companies around the world using that same keyword. The aggressive behavior of large brands is almost always unjustified and an abuse of power. Why can't I use 'amazon.book' to publish a book about the Amazon rainforest or use 'apple.shop' if I'm not a producer of organic apples? If they are interested in a domain name that their employees haven't seen floating around the internet for months or years... they should simply buy it from the person who registered it. Many companies don't have marketing and legal departments, and purchasing an interesting domain name for their brand, registered by an external consultant who understands the value of a domain name, is definitely more cost-effective than hiring a full-time employee to handle that aloneThe ICANN and all the Registries are responsible for this regs of trademarks, if there is a trademark then the Shopify and other marks should be reserved in all TLD's, ccTLD's and newGTLD's,
Why can't I use 'amazon.book' to publish a book about the Amazon rainforest or use 'apple.shop' if I'm not a producer of organic apples?
Dear All,
We understand that the domain has been successfully transferred to Shopify Inc.
We thank you for your cooperation in efficiently resolving this matter.
We look forward to working with you again in the future.
Please let us know if you have any questions or feedback.
We will proceed to close file xxxxx-UDRP.
Well, you are also thanked. They have collected their non-refundable fee and do not have to do anything now.I also found it funny. Obviously, the lawyer of the complainant and the administrator of the registrar from Anguilla are meant, since this letter is sent to everyone at once.
If desired, attackers could permanently register names with a brand and defame it. After all, names are much faster and easier to register than to be taken through bureaucratic procedures, even if there is a well-oiled name-taking pipeline. But probably no one knows, so this is a purely imaginary possibility.
The domain names in issue in this proceeding are <guinness-really-sucks.com>; <guinness-really-really-sucks.com>; <guinness-beer-really-sucks.com>; <guinness-beer-really-really-sucks.com>; <guinness-sucks.com>; <guinnessreallysucks.com>; <guinnessreallyreallysucks.com>; <guinnessbeerreallysucks.com>; <guinnessbeerreallyreallysucks.com>; <guinness-beer-sucks.com>; and <guinnessbeersucks.com> ("said domain names").
The Complainant submits that the Respondent is not making a legitimate non-commercial or fair use of the said domain names. In support of this claim the Complainant has submitted a print out of the Respondent's www site accessible via the <guinnes.com> domain name in which it is alleged that the Respondent has stated that he registered the said domain names because he was angry with the Complainant for filing an ICANN complaint seeking the transfer of the said <guinnes.com> domain name. It is alleged that the Respondent posted the said domain names on his said www site accessible via the said <guinnes.com> www site address during the approximate period from June 1 to July 14, 2000. The Complaint states that the said domain names had not been used in connection with active www sites as of the date of filing of the Complaint.
In support of its argument that the said domain names were registered by the Respondent as a result of the earlier administrative proceedings, the Complainant has submitted a print-out of a page on the Respondent's said www site and alleges the following statement was posted on that www site during the period from June 1 through July 14, 2000:
"I tell you, I was so upset when I got this STUPID ASS LETTER from the GOOFBALL JACKASS LAWYERS at guinness beer, that I went to register the domain name, GUINNESSSUCKS.COM, but guess what, that domain name is already owned by someone. Guess who. That's right. Guinness beer owns it themselves. I'm glad I'm not the only one who thinks they suck. THEY THINK THEY SUCK THEMSELVES!! . . . So anyway I did go and register a few names about guinness beer and pillsbury. Tell me what you think....Coming Soon to a website near you!!"
On the said print-out of the page on the Respondent's www site there is a list of what the Complainant describes as twenty-two (22) "Guinness sucks" and "Pillsbury sucks" domain names allegedly registered by the Respondent in response to the Complainants initiation of the said earlier administrative proceedings.
The Complainant argues that the Respondent admitted on the said <guinnes.com> www page that he registered the said domain names at issue in this proceeding because he was angered by the Complainant's attempt to take the domain name <guinnes.com> away from him. The registration of the said domain names at issue in this proceeding was done in bad faith and not for a legitimate purpose, rather Respondent's intent is to harass the Complainant for its attempts to enforce its trademark rights and to tarnish the <GUINNESS> trademark.
Accordingly, this Administrative Panel decides that said domain names <guinness-really-sucks.com>; <guinness-really-really-sucks.com>; <guinness-beer-really-sucks.com>; <guinness-beer-really-really-sucks.com>; <guinness-sucks.com>; <guinnessreallysucks.com>; <guinnessreallyreallysucks.com>; <guinnessbeerreallysucks.com>; <guinnessbeerreallyreallysucks.com>; <guinness-beer-sucks.com>; and <guinnessbeersucks.com> should be transferred to the Complainant.
The disputed domain names <germanlego.com>, <legogiraffe.com>, <legogiraffepenis.com>, and <legopenis.com> are all registered with GoDaddy.com Inc.
The disputed domain names <applelego.com>, <legoapple.com>, <legocunt.com>, <legofuck.com>, <legopen.com>, <legopened.com>, <legopening.com>, <legopenz.com>, <legosex.com>, <legoxxx.com>, <pornlego.com>, <sexlego.com> and <xxxlego.com> are registered with Name.com, Inc. (Name.com LLC) (the “Registrar”).