Forum of a TM subject to Legal Issue?

[Falian]

Are Forums made regarding to a TM Company/Game/Product,etc known to get in trouble for DN Squatting etc?

 

[jberryhill]

MercedesShop.com


Since we began in February 1999 our foremost priority has been providing a free exchange of technical information and ideas regarding Mercedes-Benz vehicles. We also provide informative Do-It-Yourself articles complete with detailed pictures, descriptions, part #'s, and instructions.


http://www.wipo.int/amc/en/domains/decisions/html/2001/d2001-0160.html

Respondent is serving as a clearinghouse for information concerning Complainant's vehicles and is selling parts and accessories exclusively for Complainant's vehicles. The domain name and the name of Respondent's web site "MercedesShop" is descriptive of the business conducted there. In conducting the business that Respondent is conducting, "it would be difficult, if not impossible for [Respondent] to avoid altogether the use of the word 'Mercedes . . .which [is] the normal term[] which, to the public at large, signify [Complainant's] cars." Volkswagenwerk Aktiengesellschaft v. Church, 4111 F.2d 350 (9th Cir. 1969). Respondent's site contains a clear disclaimer, which states that it is displaying trademarks that belong to Complainant and that Respondent is in no way affiliated with Complainant. Moreover, Respondent operated the web site for more than two years without receiving any notice of dispute from Complainant. Accordingly, the majority finds that Complainant has failed to prove that Respondent has no rights or legitimate interests in respect of the domain name at issue.