Do commonlaw trademarks apply to these?

[MeanerDomainer]

How about nicknames that have been given to trademarked names? If the company does not use the nickname?

For example, the common nickname "Stang" for Ford Mustang.
Assume that Ford Motor Co. has no live TM registration for Stang.
Assume that Ford Motor Co. does not use the word Stang in their advertising, promotion, brochures, etc.

If someone registers for example stangforum.com and uses it specifically for a Ford Mustang forum, is that OK or bad?

What if some independent Ford dealerships use the word Stang in their advertisements, does that change anything?

Thanks in advance!!!

 

[flamewalker]

Given the specific instance you stated, a non-commercial forum shouldn't be a problem, imo. There are a lot of other factors that will play into it, but forums to talk about cars, using a slang term, imo I don't think should cause much problem.

If a dealer uses 'Stang' in advertising, that doesn't change/grant tm status to Ford or the dealer... unless they used it in a Service fashion such as 'Certified Used Stang' or something of that nature.

Hope that made sense :p

[Not a lawyer, so do your own research!]

 

[MeanerDomainer]

Many forums these days are commercial ventures for profit because they display and profit from PPC, banner ads, etc.

 

[jberryhill]

How about nicknames that have been given to trademarked names? If the company does not use the nickname?

My favorite case:

There is a large auto supply chain in Canada called Canadian Tire, whose coupons I understand are an official currency up there.

People call it "Crappy Tire":

http://www.wipo.int/amc/en/domains/decisions/html/2001/d2001-0383.html

The trademark CRAPPY TIRE is not in fact used by the Complainant as a trade name or business name but is a slang expression applied by younger customers to the place of business or the business of Canadian Tire stores or business.

Can you imagine someone arguing they have an exclusive right to sell crappy tires?

 

[flamewalker]

Thanks John. I suspected as much about slang terms... great example! Crappy Tire... lol.